C.R.S. § 16-2.5-118 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-118
16-2.5-118. Commissioner of agriculture
Status: in_force

16-2.5-118. Commissioner of agriculture. The commissioner of agriculture or his or her designee is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to sections 35-36-103 and 35-36-312 of the "Commodity Handler and Farm Products Act"; the "Animal Protection Act", section 35-42-107 (4); and the "Pet Animal Care and Facilities Act", section 35-80-109 (6).
C.R.S. § 16-4-106 — CO Code / Title 16 / Article 4 / Part 1 / Section 16-4-106
16-4-106. Pretrial services programs
Status: in_force

16-4-106. Pretrial services programs. (1) The chief judge of any judicial district may order a person who is eligible for bond or other pretrial release to be evaluated by a pretrial services program established pursuant to this section, which program may advise the court if the person is bond eligible, may provide information that enables the court to make an appropriate decision on bond and conditions of release, and may recommend conditions of release consistent with this section. The chief judge may make such order in any or all of the counties of the chief judge's judicial district.

(2) The chief judge of any judicial district shall endeavor to consult, on an annual basis, with the county or counties within the judicial district in an effort to support and encourage the development by the county or counties, to the extent practicable and within available resources, of pretrial services programs that support the work of the court and evidence-based decision-making in determining the type of bond and conditions of release.

(3) To reduce barriers to the pretrial release of persons in custody whose release on bond with appropriate conditions reasonably assures court appearance and public safety, all counties and cities and counties are encouraged to develop a pretrial services program in consultation with the chief judge of the judicial district in an effort to establish a pretrial services program that may be utilized by the district court of such county or city and county. Any pretrial services program must be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. Membership on such community advisory board must include, at a minimum, a representative of a local law enforcement agency, a representative of the district attorney, a representative of the public defender, and a representative of the citizens at large. The chief judge is encouraged to appoint to the community advisory board at least one representative of the bail bond industry who conducts business in the judicial district, which may include a bail bondsman, a bail surety, or other designated bail industry representative. The plan formulated by such community advisory board must be approved by the chief judge of the judicial district prior to the establishment and utilization of the pretrial services program. The option contained in this section that a pretrial services program be established pursuant to a plan formulated by the community advisory board does not apply to any pretrial services program that existed before May 31, 1991.

(4) Any pretrial services program approved pursuant to this section must meet the following criteria:

(a) The program must establish a procedure for the screening of persons who are detained due to an arrest for the alleged commission of a crime so that such information may be provided to the judge who is setting the bond and conditions of release. The program must provide information that provides the court with the ability to make an appropriate initial bond decision that is based upon facts relating to the person's risk of failure to appear for court and risk of danger to the community.

(b) The program must make all reasonable attempts to provide the court with such information delineated in this section as is appropriate to each individual person seeking release from custody;

(c) The program, in conjunction with the community advisory board, must make all reasonable efforts to implement an empirically developed pretrial risk assessment tool, to be used by the program, the court, and the parties to the case solely for the purpose of assessing pretrial risk, and a structured decision-making design based upon the person's charge and the risk assessment score; and

(d) The program must work with all appropriate agencies and assist with all efforts to comply with sections 24-4.1-302.5 and 24-4.1-303, C.R.S.

(5) Any pretrial services program may also include different methods and levels of community-based supervision as a condition of release, and the program must use established methods for persons who are released prior to trial in order to decrease unnecessary pretrial detention. The program may include, but is not limited to, any of the criteria as outlined in section 16-4-105 (8) as conditions for pretrial release.

(6) Commencing July 1, 2012, each pretrial services program established pursuant to this section shall provide an annual report to the judicial department no later than November 1 of each year, regardless of whether the program existed prior to May 31, 1991. Notwithstanding section 24-1-136 (11)(a)(I), the judicial department shall present an annual combined report to the house and senate judiciary committees of the house of representatives and the senate, or any successor committees, of the general assembly. The report to the judicial department must include, but is not limited to, the following information:

(a) The total number of pretrial assessments performed by the program and submitted to the court;

(b) The total number of closed cases by the program in which the person was released from custody and supervised by the program;

(c) The total number of closed cases in which the person was released from custody, was supervised by the program, and, while under supervision, appeared for all scheduled court appearances on the case;

(d) The total number of closed cases in which the person was released from custody, was supervised by the program, and was not charged with a new criminal offense that was alleged to have occurred while under supervision and that carried the possibility of a sentence to jail or imprisonment;

(e) The total number of closed cases in which the person was released from custody and was supervised by the program, and the person's bond was not revoked by the court due to a violation of any other terms and conditions of supervision; and

(f) Any additional information the judicial department may request.

(7) For the reports required in subsection (6) of this section, the pretrial services program shall include information detailing the number of persons released on a commercial surety bond in addition to pretrial supervision, the number of persons released on a cash, private surety, or property bond in addition to pretrial supervision, and the number of persons released on any form of a personal recognizance bond in addition to pretrial supervision.
C.R.S. § 16-3-110 — CO Code / Title 16 / Article 3 / Part 1 / Section 16-3-110
16-3-110. Peace officers - duties
Status: in_force

16-3-110. Peace officers - duties. (1) For the purposes of this section, "peace officer" means:

(a) A peace officer as described in section 16-2.5-101; or

(b) A federal law enforcement officer who, pursuant to federal statutes and the policy of the agency by which the officer is employed, is authorized to use deadly physical force in the performance of his or her duties.

(2) A peace officer shall have the authority to act in any situation in which a felony or misdemeanor has been or is being committed in such officer's presence, and such authority shall exist regardless of whether such officer is in the jurisdiction of the law enforcement agency that employs such officer or in some other jurisdiction within the state of Colorado or whether such officer was acting within the scope of such officer's duties when he or she observed the commission of the crime, when such officer has been authorized by such agency to so act. The local law enforcement agency having jurisdiction shall be immediately notified of the arrest and any person arrested shall be released to the custody of the local law enforcement agency.

(3) This section shall not be construed to authorize any federal officer to use deadly physical force in excess of that authorized in section 18-1-707, C.R.S.
C.R.S. § 16-20.5-103 — CO Code / Title 16 / Article 20.5 / Section 16-20.5-103
16-20.5-103. Colorado integrated criminal justice information system program - executive boar
Status: in_force

16-20.5-103. Colorado integrated criminal justice information system program - executive board. (1) There is hereby established the Colorado integrated criminal justice information system program, referred to in this article as the "program". The program shall be a joint effort of the criminal justice agencies and other approved agencies. The program shall be implemented, maintained, supported, and enhanced by the criminal justice information program executive board, which is hereby created and referred to in this article as the "executive board". Membership of the executive board shall be comprised initially of the executive directors of the department of public safety, department of corrections, department of human services, and Colorado district attorneys council and the state court administrator. The executive board shall unanimously designate a chief information officer. Upon unanimous agreement, the executive board may approve the addition of either voting or nonvoting members.

(2) The executive board shall be responsible and accountable for the program. The program shall include mechanisms to enable the criminal justice agencies to share data stored in each agency's information system. Initially, the program shall maximize the use of existing databases and platforms through the use of a virtual database created by a network linking existing databases and platforms among the various departments. The program shall also develop plans for new interoperable system platforms when the existing platforms become obsolete.
C.R.S. § 16-8-108 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-108
16-8-108. Examination at instance of defendant
Status: in_force

16-8-108. Examination at instance of defendant. (1) (a) If the defendant wishes to be examined by a psychiatrist, psychologist, or other expert of his own choice in connection with any proceeding under this article, the court, upon timely motion, shall order that the examiner chosen by the defendant be given reasonable opportunity to conduct the examination. An interview conducted pursuant to a court order under this section must be video and audio recorded and preserved. The court shall advise the defendant that any examination with a psychiatrist or forensic psychologist may be audio and video recorded. A copy of the recording must be provided to the prosecution with the examination report. Any jail or other facility where the court orders the examination to take place must permit the recording to occur and must provide the space and equipment necessary for such recording, if available. If space and equipment are not available, the sheriff or facility director shall attempt to coordinate a location and the availability of equipment with the court, which may consult with the district attorney and defense counsel for an agreed upon location. If no agreement is reached, and upon the request of either the defense counsel or district attorney, the court shall order the location of the examination, which may include the Colorado mental health institute at Pueblo.

(b) Prior to or during any examination required by this section, the psychiatrist or forensic psychologist shall assess whether the recording of the examination is likely to cause or is causing mental or physical harm to the defendant or others. If such a determination is made and documented contemporaneously in writing, the psychiatrist or forensic psychologist shall not record the examination or shall cease recording the examination, and the psychiatrist or forensic psychologist shall advise the court and the parties of this determination and the reasons therefore in a written report to the court. If only a partial recording is made, the psychiatrist or forensic psychologist shall provide the partial recording to the court and the parties, and the partial recording may be used by any psychiatrist or forensic psychologist in forming an opinion, submitting a report, or testifying on the issue of the defendant's mental health.

(c) The court shall determine the admissibility of any recording or partial recording, in whole or in part, subject to all available constitutional and evidentiary objections.

(2) A copy of any report of examination of the defendant made at the instance of the defense shall be furnished to the prosecution a reasonable time in advance of trial.
C.R.S. § 16-8.5-117 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-117
16-8.5-117. Escape - return to institution
Status: in_force

16-8.5-117. Escape - return to institution. If a defendant committed to the custody of the executive director for a competency evaluation or for restoration to competency escapes from the institution or hospital, the chief officer of the institution or hospital shall apply to the district court for the county in which the institution or hospital is located for a warrant of arrest directed to the sheriff of the county, commanding the sheriff to take all necessary legal action to effect the arrest of the defendant and to return the defendant promptly to the institution or hospital. The fact of an escape becomes a part of the official record of the defendant and must be certified to the committing court as part of the record in any proceeding to determine whether the defendant is eligible for release on bond or from custody.
C.R.S. § 16-3-307 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-307
16-3-307. Limiting clause
Status: in_force

16-3-307. Limiting clause. Nothing in this part 3 shall be construed to require the issuance of a search warrant in cases in which such warrant is not required by law. This statute does not modify any statute inconsistent with it, regulating search, seizure, and the issuance and execution of search warrants in circumstances for which special provision is made.
C.R.S. § 16-3-312 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-312
16-3-312. Warrantless entry of a dwelling
Status: in_force

16-3-312. Warrantless entry of a dwelling. (1) When a peace officer makes a warrantless entry into a dwelling in which occupants are unaware law enforcement is present and making entry, the officer shall:

(a) Wear and activate a body-worn camera as required by section 24-31-902 (1)(a)(II)(A) when entering a premises for the purpose of enforcing the law; and

(b) Knock-and-announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this subsection (1)(b) does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because:

(I) Of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or

(II) The officer is engaged in the hot pursuit of a fleeing suspect.

(2) This section does not apply to a law enforcement officer working in an undercover capacity.
C.R.S. § 16-19-103 — CO Code / Title 16 / Article 19 / Section 16-19-103
16-19-103. Fugitives from justice
Status: in_force

16-19-103. Fugitives from justice. Subject to the provisions of this article, the provisions of the constitution of the United States controlling, and any act of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
C.R.S. § 16-9-204 — CO Code / Title 16 / Article 9 / Part 2 / Section 16-9-204
16-9-204. Exemption from arrest
Status: in_force

16-9-204. Exemption from arrest. (1) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

(2) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, while so passing through this state, he shall not be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
C.R.S. § 16-20-105 — CO Code / Title 16 / Article 20 / Section 16-20-105
16-20-105. Limitation
Status: repealed

16-20-105. Limitation. (Repealed)
C.R.S. § 16-13-508 — CO Code / Title 16 / Article 13 / Part 5 / Section 16-13-508
16-13-508. Forfeitures
Status: in_force

16-13-508. Forfeitures. Notwithstanding anything contained in this part 5, this part 5 shall not be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 5, insofar as they relate to those laws, shall be considered a cumulative right of the people in the enforcement of such laws. Nothing in this part 5 shall be construed to limit or preempt the powers of any court or political subdivision to abate or control public nuisances, and this part 5 shall be an additional remedy in those situations where an action could be brought under part 3 of this article.
C.R.S. § 16-2.5-117 — CO Code / Title 16 / Article 2.5 / Part 1 / Section 16-2.5-117
16-2.5-117. Colorado parks and recreation officer - special parks and recreation officer
Status: in_force

16-2.5-117. Colorado parks and recreation officer - special parks and recreation officer. (1) A Colorado parks and recreation officer employed by the Colorado division of parks and wildlife in the department of natural resources is a peace officer whose authority shall include the enforcement of all laws of the state of Colorado pursuant to section 33-10-102 (17), C.R.S., and who shall be certified by the P.O.S.T. board. Each Colorado parks and recreation officer shall be required to complete a minimum of forty hours of continuing law enforcement education per calendar year, or such number of hours as may otherwise be required by law.

(2) A special parks and recreation officer is a peace officer whose authority is limited as defined by the director of the division of parks and wildlife pursuant to section 33-10-109 (1)(f), C.R.S.
C.R.S. § 16-9-205 — CO Code / Title 16 / Article 9 / Part 2 / Section 16-9-205
16-9-205. Production of tangible evidence
Status: in_force

16-9-205. Production of tangible evidence. The procedures set forth in this part 2 shall apply to both the compulsory attendance of witnesses and the production of tangible evidence by witnesses located in this state whose presence is required in an action in another state and to witnesses from another state whose presence is required in an action in this state.
C.R.S. § 16-11.7-106 — CO Code / Title 16 / Article 11.7 / Section 16-11.7-106
16-11.7-106. Sex offender evaluation, treatment, and polygraph services - contracts with prov
Status: repealed

16-11.7-106. Sex offender evaluation, treatment, and polygraph services - contracts with providers - placement on provider list - grievances - fund created - repeal. (1) The department of corrections, the judicial department, the division of criminal justice in the department of public safety, or the department of human services shall not employ or contract with, and shall not allow an adult sex offender or a juvenile who has committed a sexual offense to employ or contract with, an individual or entity to provide sex-offender-specific evaluation, treatment, or polygraph services pursuant to this article unless the sex-offender-specific evaluation, treatment, or polygraph services to be provided by the individual or entity conform with the guidelines and standards developed pursuant to section 16-11.7-103, and the name of the individual providing services is on the list created pursuant to paragraph (b) of subsection (2) of this section of persons who may provide sex-offender-specific services.

(1.5) (a) Notwithstanding 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.

(b) Any 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.

(c) Any polygraph examiner must have graduated from an accredited American polygraph association school and have a baccalaureate degree from a four-year institution of higher 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.

(d) In 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.

(e) This 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 11.7 to adult sex offenders and to juveniles who have committed sexual offenses. The application and review process must allow providers to demonstrate that they are in compliance with the standards adopted pursuant to this article 11.7. The application and review process 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, excluding fingerprints, must be submitted to the board. The division of criminal justice in the department of public safety shall work with a third-party vendor to take and forward 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 is responsible for the implementation of this subsection (2)(a)(I).

(II) The board shall develop an application and review process for the verification of the qualifications and credentials of evaluators, treatment providers, and polygraph examiners.

(III) The board shall require a person who applies for placement, including a person who applies for continued placement, on the list of persons who may provide sex-offender-specific evaluation, treatment, and polygraph services pursuant to this article to submit to a current background investigation that goes beyond the scope of the criminal history record check described in subparagraph (I) of this paragraph (a). In conducting the current background investigation required by this subparagraph (III), the board shall obtain reference and criminal history information and recommendations that may be relevant to the applicant's fitness to provide sex-offender-specific evaluation, treatment, and polygraph services pursuant to this article.

(b) After the process developed pursuant to 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 shall 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.

(3) The board shall use the information obtained from the state and national criminal history record checks and the current background investigation in determining whether to place or continue the placement of a person on the approved provider list.

(4) The board may determine the requirements for an evaluator's, treatment provider's, or polygraph examiner's name to be placed on the approved provider list after his or her name has been removed from the list for any reason.

(5) The board shall develop a renewal process for the continued placement of a person on the approved provider list published pursuant to paragraph (b) of subsection (2) of this section.

(6) The board may assess a fee to an applicant for placement on the approved provider list. The fee shall not exceed one hundred twenty-five dollars per application to cover the costs of conducting a current background investigation required by subsection (2) of this section. All moneys collected pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the sex offender treatment provider fund, which fund is hereby created and referred to in this subsection (6) as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the division of criminal justice in the department of public safety for the direct and indirect costs associated with the current background investigation required by subsection (2) of this section. Any moneys in the fund not expended for the purpose of subsection (2) of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(7) (a) The board shall notify the department of regulatory agencies of the receipt of any complaints or grievances against an individual who provides sex-offender-specific treatment or evaluation services pursuant to this article 11.7 and advise the department of any disciplinary action taken pursuant to subsection (7)(b) of this section. The department of regulatory agencies or the appropriate board, pursuant to article 245 of title 12 and referred to in this subsection (7) as the "DORA board", shall notify the board of the receipt of any complaint or grievance against a provider who provides sex-offender-specific treatment or evaluation services pursuant to this article 11.7, if the complaint or grievance was not referred by the board, and advise the board of any disciplinary action taken against the individual pursuant to any professional licensing act.

(b) The board shall review and investigate all complaints and grievances concerning compliance with its standards against individuals who provide sex-offender-specific treatment, evaluation, or polygraph services pursuant to this article. Notwithstanding any action taken by the department of regulatory agencies or the DORA board, the board may take appropriate disciplinary action, as permitted by law, against an individual who provides sex-offender-specific treatment, evaluation, or polygraph services pursuant to this article. The disciplinary action may include, but need not be limited to, the removal of the individual's name from the list of persons who may provide sex offender evaluation, treatment, or polygraph services pursuant to this article.

(c) (I) Nothing in this subsection (7) limits the rights or responsibilities of the department of regulatory agencies or the DORA board with respect to the investigation and resolution of complaints pursuant to article 245 of title 12.

(II) Nothing in this subsection (7) limits the rights or responsibilities of the board with respect to the addition or removal of an individual's name from the list of persons who may provide sex offender evaluation, treatment, or polygraph services pursuant to this article.

(8) Supervising 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.
C.R.S. § 16-17-102 — CO Code / Title 16 / Article 17 / Section 16-17-102
16-17-102. Application - character certificate
Status: in_force

16-17-102. Application - character certificate. (1) After a conviction, all applications for commutation of sentence or pardon for crimes committed must be accompanied by a certificate of the respective superintendent of the correctional facility, showing the conduct of an applicant during the applicant's confinement in the correctional facility, together with such evidences of former good character as the applicant is able to produce. Before the governor approves such application, it must be first submitted to the present district attorney of the district in which the applicant was convicted and to the judge who sentenced and the attorney who prosecuted at the trial of the applicant, if available, for such comment as they may deem proper concerning the merits of the application, so as to provide the governor with information upon which to base the governor's action. The governor shall make reasonable efforts to locate the judge who sentenced and the attorney who prosecuted at the trial of the applicant and shall afford them a reasonable time, not less than fourteen days, to comment on such applications. The requirements of this section are deemed to have been met if the persons to whom the application is submitted for comment do not comment within fourteen days after their receipt of the application or within such other reasonable time in excess of fourteen days as specified by the governor, or if the sentencing judge or prosecuting attorney cannot be located, are incapacitated, or are otherwise unavailable for comment despite the good-faith efforts of the governor to obtain their comments. Good character previous to conviction, good conduct during confinement in the correctional facility, the statements of the sentencing judge and the district attorneys, if any, and any other material concerning the merits of the application must be given such weight as seems just and proper to the governor, in view of the circumstances of each particular case, with due regard for the reformation of the accused. The governor has sole discretion in evaluating said comments and in soliciting other comments the governor deems appropriate.

(2) The governor may grant pardons to a class of defendants who were convicted of the possession of up to two ounces of marijuana. The requirements of subsection (1) of this section do not apply to defendants who were convicted of the possession of up to two ounces of marijuana, but the governor may make any inquiry as deemed appropriate to seek any relevant information necessary from any person or agency to reach an informed decision.
C.R.S. § 16-16-102 — CO Code / Title 16 / Article 16 / Section 16-16-102
16-16-102. Definitions
Status: repealed

16-16-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Executive director" means the executive director of the department of corrections.

(2) "Facility" means any residential community treatment center, honor farm, preparole release center, or other correctional facility.

(3) "Immediate family" means a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person who, though not a natural parent, has acted in the place of a parent), brother, or sister.

(4) and (5) Repealed.

(6) "Warden" means the chief correctional officer at a correctional facility.
C.R.S. § 16-11.9-105 — CO Code / Title 16 / Article 11.9 / Part 1 / Section 16-11.9-105
16-11.9-105. Periodic review
Status: in_force

16-11.9-105. Periodic review. On or before October 1, 2004, and on or before October 1 every two years thereafter, the judicial department, the department of corrections, the state board of parole, the division of criminal justice within the department of public safety, and the department of human services shall jointly review the implementation of the standardized procedures and the use of the standardized screening instruments developed pursuant to this article.
C.R.S. § 16-11.5-104 — CO Code / Title 16 / Article 11.5 / Section 16-11.5-104
16-11.5-104. Sentencing of felons - parole of felons - treatment and testing based upon asses
Status: repealed

16-11.5-104. Sentencing of felons - parole of felons - treatment and testing based upon assessment required. (Repealed)
C.R.S. § 16-10-202 — CO Code / Title 16 / Article 10 / Part 2 / Section 16-10-202
16-10-202. Variance - allegations and proof
Status: in_force

16-10-202. Variance - allegations and proof. When on the trial of any indictment, information, felony complaint, or complaint for any offense there appears to be any variance between the statements in the indictment, complaint, or information and the evidence offered in proof thereof, of any given name or surname, or both given name and surname, or other description whatever of any person who is therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, such variance is not grounds for the acquittal of the defendant, unless the court before which such trial be had finds such variance is material to the merits of the case or may be prejudicial to the defendant. No indictment, information, felony complaint, or complaint shall be deemed insufficient nor shall the trial, judgment, or other proceedings thereon be reversed or affected by any defect which does not tend to prejudice the substantial rights of the defendant on the merits.
C.R.S. § 16-11.7-107 — CO Code / Title 16 / Article 11.7 / Section 16-11.7-107
16-11.7-107. Report to the general assembly
Status: repealed

16-11.7-107. Report to the general assembly. (Repealed)
C.R.S. § 16-22-110 — CO Code / Title 16 / Article 22 / Section 16-22-110
16-22-110. Colorado sex offender registry - creation - maintenance - release of information
Status: in_force

16-22-110. Colorado sex offender registry - creation - maintenance - release of information - data collection. (1) The director of the Colorado bureau of investigation shall establish a statewide central registry of persons required to register pursuant to section 16-8-115 or 16-8-118 or as a condition of parole or pursuant to this article, to be known as the Colorado sex offender registry. The CBI shall create and maintain the sex offender registry as provided in this section. In addition, the CBI shall be the official custodian of all registration forms completed pursuant to this article and other documents associated with sex offender registration created pursuant to this article.

(2) The sex offender registry shall provide, at a minimum, the following information to all criminal justice agencies with regard to registered persons:

(a) Identification of a person's registration status;

(b) A person's date of birth;

(c) Descriptions of the offenses of unlawful sexual behavior of which a person has been convicted;

(d) Identification of persons who are identified as sexually violent predators;

(e) Notification to local law enforcement agencies when a person who is required to register pursuant to section 16-22-103 fails to register, when a person is required to reregister as provided in section 16-22-108, or when a person reregisters with another jurisdiction in accordance with the provisions of section 16-22-108;

(f) Specification of modus operandi information concerning any person who is required to register pursuant to section 16-22-103.

(3) (a) In addition to the sex offender registry, the CBI shall maintain one or more interactive database systems to provide, at a minimum, cross validation of a registrant's known names and known addresses with information maintained by the department of revenue concerning driver's licenses and identification cards issued under article 2 of title 42, C.R.S. Discrepancies between the known names or known addresses listed in the sex offender registry and information maintained by the department of revenue shall be reported through the Colorado crime information center to each local law enforcement agency that has jurisdiction over the location of the person's last-known residences.

(b) The Colorado integrated criminal justice information system established pursuant to article 20.5 of this title shall be used to facilitate the exchange of information among agencies as required in this subsection (3) whenever practicable.

(3.5) The Colorado bureau of investigation shall develop an interactive database within the sex offender registry to provide, at a minimum, the following information to all criminal justice agencies in whose jurisdictions an institution of postsecondary education is located:

(a) Identification of all persons required to register pursuant to section 16-22-103 who volunteer or are employed or enrolled at an institution of postsecondary education and the institution at which each such person volunteers, is employed, or is enrolled;

(b) Identification of all persons who are sexually violent predators who volunteer or are employed or enrolled at an institution of postsecondary education and the institution at which each such person volunteers, is employed, or is enrolled.

(4) Upon development of the interactive databases pursuant to subsection (3) of this section, personnel in the judicial department, the department of corrections, and the department of human services shall be responsible for entering and maintaining in the databases the information specified in subsection (2) of this section for persons in those departments' legal or physical custody. Each local law enforcement agency shall be responsible for entering and maintaining in the databases the information for persons registered with the agency who are not in the physical or legal custody of the judicial department, the department of corrections, or the department of human services.

(5) The CBI, upon receipt of fingerprints and conviction data concerning a person convicted of unlawful sexual behavior, shall transmit promptly such fingerprints and conviction data to the federal bureau of investigation.

(6) (a) The general assembly recognizes the need to balance the expectations of persons convicted of offenses involving unlawful sexual behavior and the public's need to adequately protect themselves and their children from these persons, as expressed in section 16-22-112 (1). The general assembly declares, however, that, in making information concerning persons convicted of offenses involving unlawful sexual behavior available to the public, it is not the general assembly's intent that the information be used to inflict retribution or additional punishment on any person convicted of unlawful sexual behavior or of another offense, the underlying factual basis of which involves unlawful sexual behavior.

(b) Pursuant to a request for a criminal history record check pursuant to part 3 of article 72 of title 24, unless the person who is the subject of the criminal history record check was required to register solely because the person was adjudicated or received a disposition as a juvenile, the CBI may inform the requesting party as to whether the person who is the subject of the criminal history check is on the sex offender registry. If such person is on the sex offender registry solely as a result of being adjudicated or receiving a disposition as a juvenile, the CBI shall not release such information to a person other than law enforcement, probation and parole personnel, the division of child welfare, the division of youth services, or the victim, as defined in section 24-4.1-302 (5).

(c) A person may request from the CBI a list of persons on the sex offender registry. The list must not include persons who are on the sex offender registry solely for having been adjudicated or received dispositions as juveniles.

(d) (Deleted by amendment, L. 2005, p. 611, § 1, effective May 27, 2005.)

(e) Any person requesting information pursuant to subsection (6)(c) of this section shall show proper identification.

(f) If information is released pursuant to this subsection (6), it must, at a minimum, include the name, address or addresses, and aliases of the registrant; the registrant's date of birth; a photograph of the registrant, if requested and readily available; the offense that led to the registration requirement; and the date of the offense resulting in the registrant being required to register pursuant to this article 22. Information concerning victims must not be released pursuant to this section.

(g) Notwithstanding this subsection (6) to the contrary, the CBI may release information, as described in subsection (6)(i) of this section, about the person registered as a result of being adjudicated or receiving a disposition as a juvenile if a person, other than the victim, submits a request to the CBI for the sex offender registry record of a named person who was adjudicated or received a disposition as a juvenile, and the requesting person affirms in writing that the requested record shall not be:

(I) Placed in publication or posted to a website;

(II) Used for the purpose of obtaining a pecuniary gain or financial benefit for any person or entity; or

(III) Used or disseminated in any manner with the intent to harass, intimidate, coerce, or cause serious emotional distress to any person, including the named person.

(h) In addition to the written affirmation required by subsection (6)(g) of this section, the person requesting information shall affirm in writing that he or she has a need for the sex offender information concerning the person who was adjudicated or received a disposition as a juvenile and describe that need in writing.

(i) Upon receipt of the written affirmations required by subsections (6)(g) and (6)(h) of this section, the CBI shall release to the requesting person the sex offender registry record that is limited to include only the person's registration status, full name, aliases, date of birth, and current address or addresses; a photograph of the registrant, if requested and readily available; the offense that led to the registration; and the date of the offense as such information concerns the person who was adjudicated or received a disposition as a juvenile. Information concerning victims must not be released pursuant to this section.

(j) Nothing in this subsection (6) limits the victim's access to information pursuant to section 24-4.1-302.5.

(7) The CBI may assess reasonable fees for the search, retrieval, and copying of information requested pursuant to subsection (6) of this section. The amount of such fees shall reflect the actual costs, including but not limited to personnel and equipment, incurred in operating and maintaining the sex offender registry. Any such fees received shall be credited to the sex offender registry fund, which fund is hereby created in the state treasury. The moneys in the sex offender registry fund shall be subject to annual appropriation by the general assembly for the costs, including but not limited to personnel and equipment, incurred in operating and maintaining the sex offender registry. The sex offender registry fund shall consist of the moneys credited thereto pursuant to this subsection (7) and subsection (9) of this section and any additional moneys that may be appropriated thereto by the general assembly. All interest derived from the deposit and investment of moneys in the sex offender registry fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the sex offender registry fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.

(8) Any information released pursuant to this section shall include in writing the following statement:

The Colorado sex offender registry includes only those persons who have been required by law to register and who are in compliance with the sex offender registration laws. Persons should not rely solely on the sex offender registry as a safeguard against perpetrators of sexual assault in their communities. The crime for which a person is convicted may not accurately reflect the level of risk.

(9) The CBI shall seek and is hereby authorized to receive and expend any public or private gifts, grants, or donations that may be available to implement the provisions of this article pertaining to establishment and maintenance of the sex offender registry, including but not limited to provisions pertaining to the initial registration of persons pursuant to section 16-22-104 and the transmittal of information between and among local law enforcement agencies, community corrections programs, the judicial department, the department of corrections, the department of human services, and the CBI. Any moneys received pursuant to this subsection (9), except federal moneys that are custodial funds, shall be transmitted to the state treasurer for deposit in the sex offender registry fund created in subsection (7) of this section.

(10) On or before July 1, 2022, and every July 1 thereafter, the CBI shall prepare a report that details the number of requests for sex offender registration information for juveniles received annually pursuant to subsection (6) of this section as well as the number of times such information was released. The CBI shall include the report as a part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".
C.R.S. § 16-8.5-111 — CO Code / Title 16 / Article 8.5 / Section 16-8.5-111
16-8.5-111. Procedure after determination of competency or incompetency
Status: in_force

16-8.5-111. Procedure after determination of competency or incompetency. (1) Competent to proceed. If the final determination made pursuant to section 16-8.5-103 is that the defendant is competent to proceed, the judge shall order that the suspended proceeding continue or, if a mistrial was declared, shall reset the case for trial at the earliest possible date.

(1.5) Referral to wraparound care program. If the final determination made pursuant to section 16-8.5-103 is that the defendant is incompetent to proceed and the defendant is eligible for referral to the bridges wraparound care program pursuant to article 8.6 of this title 16, the court may ask the parties whether the defendant should be referred for participation in the program. With the agreement of the parties, the court may delay ordering restoration services for the defendant to allow a bridges wraparound care coordinator to conduct an initial intake of the defendant pursuant to section 16-8.6-108 to determine whether the bridges wraparound care program is appropriate for the defendant, or the court may order restoration services pursuant to subsection (2) of this section.

(1.6) Mandatory dismissal.

(a) If the final determination made pursuant to section 16-8.5-103 is that the defendant is incompetent to proceed and if a defendant's highest charged offense is a class 2 misdemeanor, a petty offense, a drug misdemeanor, or a traffic offense, the court shall dismiss the charges against the defendant unless the district attorney objects prior to the entry of the order to dismiss and makes a prima facie showing that the defendant is a danger to the defendant's self or others or is gravely disabled and there is a reasonable belief that the defendant will be certified for treatment and receive the necessary services pursuant to article 65 of title 27.

(b) If the district attorney makes the prima facie showing pursuant to subsection (1.6)(a) of this section, the court shall proceed pursuant to subsection (3) of this section or section 16-8.5-116.5 (7) and, upon completion of the certification process, the court shall dismiss the charges against the defendant.

(c) If the court does not refer the defendant for certification pursuant to subsection (3) of this section or section 16-8.5-116.5 (7), the court may refer the defendant to voluntarily participate and receive services in the court liaison program pursuant to article 95 of title 13.

(2) Restoration services ordered. If the final determination made pursuant to section 16-8.5-103 is that the defendant is incompetent to proceed and the court finds there is substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future, the court has the following requirements and options:

(a) If the defendant is out of custody or will be released soon, the court shall order the restoration services take place on an outpatient basis unless the recommendation from the department is that inpatient restoration services are clinically appropriate and:

(I) The court shall order that the defendant participate in restoration services as a condition of any bond;

(II) The court may appoint a bridges court liaison or may order that the defendant cooperate with pretrial services, if available, and the court may order pretrial services or a bridges court liaison, or both, to work with the defendant, the department, and the restoration services provider under contract with the department to assist in securing appropriate support and care management services for the defendant, which may include housing resources; and

(III) The court shall conduct a nonappearance review fourteen days after the defendant's release from custody to ensure the defendant has been released. If the defendant is not released by the date of the nonappearance review, the court shall set a hearing to determine whether the defendant will be released or to enter an order pursuant to subsection (2)(c) of this section.

(b) If the court determines the defendant is incompetent to proceed and is in custody on a misdemeanor, petty offense, or traffic offense, the court shall set a hearing on bond within seven days after the court's final determination that the defendant is incompetent to proceed. At the bond hearing, there is a presumption that the court shall order a personal recognizance bond and enter an order for restoration services pursuant to subsection (2)(a) of this section. In order to deny the defendant a personal recognizance bond and enter an order to commit the defendant for inpatient restoration services pursuant to subsection (2)(c) of this section, the court shall make findings of fact that extraordinary circumstances exist to overcome the presumption of release by clear and convincing evidence. If the court denies a personal recognizance bond, the court shall notify the department of the specific findings the court made to deny the personal recognizance bond.

(c) If the court finds that the defendant is not eligible for release from custody or not able to post the monetary condition of bond, or the court approves a recommendation from the department that inpatient restoration services are clinically appropriate, the court shall commit the defendant to the custody of the department and order inpatient restoration services.

(3) Certification for short-term treatment. (a) (I) If the final determination made pursuant to section 16-8.5-103 is that the defendant is incompetent to proceed, regardless of whether the court finds that there is a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future, the district attorney; a professional person, as defined in section 27-65-102; a representative of the behavioral health administration in the department; or a representative of the office of civil and forensic mental health may request to initiate a petition for certification for short-term treatment of the defendant in a court with jurisdiction.

(II) The court shall hear and consider any objections from the defendant prior to ordering the requesting party to initiate a petition for certification for short-term treatment pursuant to subsection (3)(a)(I) of this section.

(III) The court may order initiation of certification for short-term treatment only:

(A) If the court finds reasonable grounds to believe that the defendant meets the standard for a certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109; and

(B) If the defendant's highest charged offense is a petty offense, traffic offense, or misdemeanor offense, or with the agreement of the prosecuting attorney, regardless of the severity of the charge.

(b) If the court requires the requesting party to initiate certification for short-term treatment pursuant to subsection (3)(a) of this section:

(I) The prosecuting attorney and the department shall transmit any necessary information, including medical records, competency evaluations, materials used in the competency process, and restoration records, to the requesting party and shall cooperate with the requesting party in filing a petition for certification for short-term treatment pursuant to section 27-65-108.5 or 27-65-109;

(II) The requesting party shall file a notice in the criminal case when the petition for certification for short-term treatment is filed pursuant to section 27-65-108.5 or 27-65-109;

(III) The behavioral health administration in the department shall, directly or through a contract, provide care coordination services pursuant to section 27-65-108 after the certification for short-term treatment is filed pursuant to section 27-65-108.5 or 27-65-109; and

(IV) The court may, upon the court's own motion, forgo an order for restoration services and dismiss the charges against the defendant without prejudice when the certification for short-term treatment is initiated if the highest charged offense is a petty offense, traffic offense, or misdemeanor offense; or

(V) The court may, with the agreement of the prosecuting attorney and defendant, stay the restoration order to allow certification for short-term treatment proceedings to occur and to allow the district attorney to consider whether dismissal of the case is appropriate. In determining whether dismissal is appropriate while the criminal matter is pending, the defendant, the defendant's attorney in the criminal matter, and the prosecuting attorney in the criminal matter have access to limited information about any civil proceedings against the defendant pursuant to sections 27-65-108.5, 27-65-109, 27-65-110, and 27-65-111. Any information obtained must be kept confidential unless disclosure is otherwise authorized by law. The court shall not extend the defendant's criminal case past the time limits set forth in section 16-8.5-116.5. The limited information that the defendant, defendant's attorney, and prosecuting attorney may access includes:

(A) Whether civil proceedings are pending or ongoing;

(B) Whether the defendant is subject to certification for short-term or long-term treatment and whether the defendant is being treated in an inpatient or outpatient setting;

(C) The date and time of the proceedings, even if the proceedings are confidential or closed to the prosecuting attorney or the defendant's criminal attorney; and

(D) The final disposition of the proceeding.

(4) Restoration hearing. (a) If the final determination made pursuant to section 16-8.5-103 is that the defendant is incompetent to proceed and the evaluator opines at any time that there is not a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future, the court shall set a hearing within the time frame set forth in section 16-8.5-113 (5). If the court receives the evaluator's opinion pursuant to this subsection (4) prior to entering a restoration order, the court shall set the hearing in lieu of ordering restoration treatment.

(b) If the final determination made pursuant to section 16-8.5-103 is that the defendant is incompetent to proceed and the evaluator opines, pursuant to section 16-8.5-105 (5)(e)(I)(B), or another qualified expert opines that the defendant's diagnosis likely includes a moderate to severe intellectual or developmental disability, acquired traumatic brain injury, or dementia, which either alone or together with a co-occurring mental illness affects the defendant's ability to gain or maintain competency, the court shall set a hearing within the time frame set forth in section 16-8.5-113 (5) on the issue of whether there is a substantial probability that the defendant will be restored to competency in the reasonably foreseeable future. If the court receives the evaluator's opinion pursuant to this subsection (4) prior to entering a restoration order, the court shall set a hearing in lieu of ordering restoration treatment.

(c) At any hearing conducted pursuant to subsection (4)(a) or (4)(b) of this section:

(I) An admitted report or testimony from a qualified expert opining that the defendant is incompetent to proceed and that there is not a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future is prima facie evidence that creates a presumption of fact. An admitted report or testimony from a qualified expert who opines that the defendant's diagnosis likely includes a neurocognitive or neurodevelopmental impairment that either alone or together with a co-occurring mental illness affects the defendant's ability to gain or maintain competency, is prima facie evidence of and creates a presumption that the defendant is incompetent to proceed and there is not a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future.

(II) If the court has not yet ordered restoration services and restoration services have not been provided, a party attempting to overcome the presumption must prove by a preponderance of the evidence that there is a viable restoration treatment that will restore the defendant to competency and a substantial probability that restoration efforts will be successful within the reasonably foreseeable future;

(III) If the defendant's diagnosis includes a neurocognitive or neurodevelopmental impairment, whether or not co-occuring with a mental illness that substantially affects the defendant's ability to gain or maintain competency, the party attempting to overcome the presumption must show by clear and convincing evidence that there is a viable restoration treatment that is substantially likely to restore the defendant to competency in the reasonably foreseeable future; and

(IV) If the court has ordered restoration services and the court finds recent restoration services have been attempted and the defendant was not restored to competency, a party attempting to overcome the presumption must prove by clear and convincing evidence that the defendant, with continued restoration services, will attain competency in the reasonably foreseeable future and that the defendant can maintain competency through the adjudication of the case.

(d) At the conclusion of any hearing set pursuant to subsection (4)(a) or (4)(b) of this section:

(I) If the court does not find that the party asserting that there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future has overcome the presumption, the court shall dismiss the case pursuant to section 16-8.5-116.5 (1)(a); except that the court may stay the dismissal, if appropriate, as provided in section 16-8.5-116.5 (7); and

(II) If the court finds that the party asserting that there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future has overcome the presumption, the court shall order appropriate restoration services and set a review.

(5) Dismissal of charges. To ensure compliance with relevant constitutional principles, if the court at any point determines that there is not a substantial probability that the defendant will be restored to competency within the reasonably foreseeable future, the court shall, upon motion of the district attorney, the defendant, or on its own motion, dismiss the criminal proceedings pursuant to section 16-8.5-116.5 (1)(a). Subject to the provisions and presumptions of this section that may apply, a court shall not continue criminal proceedings against an incompetent defendant, except to stay a dismissal pursuant to section 16-8.5-116.5 (7), unless, after proper evaluation, the court finds it more likely than not that the defendant will be restored to competency in the reasonably foreseeable future.

(6) Defendant's volitional lack of cooperation or unwillingness to participate - definition. (a) Nothing in this article 8.5 prohibits the court from finding that the defendant is restorable to competency in the reasonably foreseeable future based on the defendant's volitional lack of cooperation or unwillingness to participate in restoration services and treatment if the defendant could be restored to competency in the reasonably foreseeable future if the defendant cooperated and participated in the restoration services and treatment.

(b) For the purposes of this subsection (6), "volitional lack of cooperation or unwillingness to participate" includes the defendant not attending restoration services or the defendant's refusal to take prescribed medications, especially when the defendant intends to avoid or delay the court case from proceeding. "Volitional lack of cooperation or unwillingness to participate" does not include acts that result from the bona fide medical or mental health disorder for which the defendant is incompetent or a defendant's attempt to raise a bona fide, good faith concern about medication side effects and risks.

(7) Outpatient restoration services. If the defendant is out of custody and the court has ordered restoration services pursuant to subsection (2)(a) of this section:

(a) Pursuant to section 27-60-105, the department is the entity responsible for the coordination of all competency restoration services, including the oversight of restoration education;

(b) The restoration services provider under contract with the department shall notify the court, the department, the bridges court liaison, and any other designated agency within twenty-one days after the court's order if restoration services have not started and include a description of the efforts that have been made to engage the defendant in services; and

(c) If the department determines that the department is unable, within a reasonable time, to provide restoration services on an outpatient basis, the department shall notify the court within fourteen days after the department's determination, at which point the court shall review the case and determine what interim mental health services the department or a community provider can provide to the defendant. If a bridges court liaison is appointed, the department shall report to the bridges court liaison every twenty-eight days concerning the availability of restoration services on an outpatient basis to the defendant.

(8) Inpatient restoration services. (a) If the court commits the defendant to the custody of the department and orders inpatient restoration services:

(I) The executive director shall designate a state facility or facilities where the defendant is held for care and psychiatric treatment and receives restoration services, and may transfer the defendant from one facility to another if, in the opinion of the director, doing so is in the best interest of proper care, custody, and treatment of the defendant or the protection of the public or the personnel of the facilities in question. The department shall provide restoration services at an appropriate inpatient program. The department shall notify the court, the bridges court liaison, the prosecuting attorney, and the defense attorney when the defendant is placed or moved to a different program.

(II) The department shall admit tier 1 defendants for restoration services within seven days after receipt of the court order and collateral materials;

(III) The department shall admit tier 2 defendants for restoration services within twenty-eight days after receipt of the court order and collateral materials and shall advise the court and the bridges court liaison, if applicable, every twenty-eight days after the initial twenty-eight-day period regarding the availability of an inpatient bed and when admission will be offered to the defendant.

(b) If a defendant is receiving inpatient restoration services and the executive director concludes that:

(I) A less-restrictive facility would be more clinically appropriate, the executive director, with proper notice to the court and consistent with the provisions of part 3 of article 4.1 of title 24, may move the defendant to a less-restrictive facility if, in the executive director's opinion, the defendant is not yet restored to competency but could be properly restored to competency in a less-restrictive facility. If the defendant is not released from custody, the court shall order the department to provide inpatient services at a location determined by the department.

(II) Outpatient restoration services would be more clinically appropriate, the department shall:

(A) Notify the court and request that the defendant be considered for release on a nonmonetary bond if the defendant is not currently released on bond; and

(B) Provide to the court information regarding the appropriate outpatient restoration services, developed in conjunction with the bridges court liaison, when assigned, and the reasons why the defendant could be properly restored to competency on an outpatient basis.

(c) If the defendant posts bond or the court orders outpatient restoration services in lieu of continued inpatient services, or if the department believes that the defendant is restored to competency and the defendant is to be released to the community rather than jail upon discharge, the department shall:

(I) Assist the defendant with any necessary transportation;

(II) Provide the necessary case and medication information for the defendant to the bridges court liaison and the community agency that will provide continued restoration, if applicable, or services;

(III) Notify the court and the bridges court liaison that the defendant was released and the defendant's community bond status; and

(IV) Coordinate with the court; pretrial services, if applicable; and the bridges court liaison to ensure the defendant receives written notice of the defendant's next court appearance and bond conditions.

(d) If the defendant is discharged from the department's custody after receiving inpatient restoration services and the defendant is to be returned to the custody of the county jail, the department shall:

(I) Notify the sheriff of the jurisdiction where the defendant is to be returned;

(II) Notify the court and the bridges court liaison that the department is returning the defendant to the custody of the county jail; and

(III) Work with the sheriff, the bridges court liaison, and any behavioral health providers in the county jail to ensure that the county jail has the necessary information to prevent any decompensation by the defendant while the defendant is in the county jail, which must include medication information when clinically appropriate.

(9) Return to custody of county jail. When the department submits a report to the court that the department's position is that the defendant is restored to competency, the defendant may be returned to the custody of the county jail. The sheriff shall return the defendant to the custody of the county jail within seventy-two hours after receipt of the department's notice.
C.R.S. § 16-22-102 — CO Code / Title 16 / Article 22 / Section 16-22-102
16-22-102. Definitions
Status: in_force

16-22-102. Definitions. As used in this article 22, unless the context otherwise requires:

(1) "Adjudicated" or "adjudication" means a determination by the court that it has been proven beyond a reasonable doubt to the trier of fact that a juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, "adjudication" means conviction.

(1.5) "Birthday" means a person's birthday as reflected on the notice provided to the person pursuant to section 16-22-106 or 16-22-107 or the person's actual date of birth if the notice does not reflect the person's birthday.

(2) "CBI" means the Colorado bureau of investigation established pursuant to part 4 of article 33.5 of title 24, C.R.S.

(3) "Convicted" or "conviction" means having received a verdict of guilty by a judge or jury, having pleaded guilty or nolo contendere, having received a disposition as a juvenile, having been adjudicated a juvenile delinquent, or having received a deferred judgment and sentence or a deferred adjudication.

(3.5) "Employed at an institution of postsecondary education" means a person:

(a) Is employed by or is an independent contractor with an institution of postsecondary education or is employed by or is an independent contractor with an entity that contracts with an institution of postsecondary education; and

(b) Spends any period of time in furtherance of the employment or independent contractor relationship on the campus of the postsecondary institution or at a site that is owned or leased by the postsecondary institution.

(4) "Immediate family" means a person's spouse, parent, grandparent, sibling, or child.

(4.2) "Juvenile" means a person who is under eighteen years of age at the time of the offense and who has not been criminally convicted in the district court of unlawful sexual behavior pursuant to section 19-2.5-801 or 19-2.5-802.

(4.3) (a) "Lacks a fixed residence" means that a person does not have a living situation that meets the definition of "residence" pursuant to subsection (5.7) of this section. "Lacks a fixed residence" may include, but need not be limited to, outdoor sleeping locations or any public or private locations not designed as traditional living accommodations. "Lacks a fixed residence" may also include temporary public or private housing or temporary shelter facilities, residential treatment facilities, or any other residential program or facility if the person remains at the location for less than fourteen days.

(b) "Lacks a fixed residence" also includes a person who is registered in any jurisdiction if the person:

(I) Ceases to reside at an address in that jurisdiction; and

(II) Fails to register:

(A) A change of address in the same jurisdiction; or

(B) In a new jurisdiction pursuant to section 16-22-108 (4); or

(C) Pursuant to section 16-22-108 (3).

(4.5) "Local law enforcement agency" means the law enforcement agency, including but not limited to a campus police agency, that has jurisdiction over a certain geographic area.

(5) "Register" and "registration" include initial registration pursuant to section 16-22-104, and registration, confirmation of registration, and reregistration, as required in section 16-22-108.

(5.5) "Registrant" means a person who is required to register in accordance with this article.

(5.7) "Residence" means a place or dwelling that is used, intended to be used, or usually used for habitation by a person who is required to register pursuant to section 16-22-103. "Residence" may include, but need not be limited to, a temporary shelter or institution, if the person resides at the temporary shelter or institution for fourteen consecutive days or longer, if the owner of the shelter or institution consents to the person utilizing the shelter or institution as his or her registered address as required by section 16-22-106 (4) or 16-22-107 (4)(a), and if the residence of the person at the shelter or institution can be verified as required by section 16-22-109 (3.5). A person may establish multiple residences by residing in more than one place or dwelling.

(5.8) "Resides" includes residence and lacks a fixed residence.

(6) "Sex offender registry" means the Colorado sex offender registry created and maintained by the CBI pursuant to section 16-22-110.

(7) "Sexually violent predator" means a person who is found to be a sexually violent predator pursuant to section 18-3-414.5, C.R.S.

(8) "Temporary resident" means a person who is a resident of another state but in Colorado temporarily because the person is:

(a) Employed in this state on a full-time or part-time basis, with or without compensation, for more than fourteen consecutive business days or for an aggregate period of more than thirty days in any calendar year; or

(b) Enrolled in any type of educational institution in this state on a full-time or part-time basis; or

(c) Present in Colorado for more than fourteen consecutive business days or for an aggregate period of more than thirty days in a calendar year for any purpose, including but not limited to vacation, travel, or retirement.

(9) "Unlawful sexual behavior" means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

(a) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or

(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;

(b) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;

(c) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or

(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

(e) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;

(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;

(h) Incest, in violation of section 18-6-301, C.R.S.;

(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(j) Human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.;

(j.5) Human trafficking for sexual servitude, as described in section 18-3-504 (1);

(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;

(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;

(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;

(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;

(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;

(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;

(q) Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.;

(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;

(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;

(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;

(u) Engaging in sexual conduct in a correctional institution, in violation of section 18-7-701, C.R.S.;

(v) Wholesale promotion of obscenity to a minor, in violation of section 18-7-102 (1.5), C.R.S.;

(w) Promotion of obscenity to a minor, in violation of section 18-7-102 (2.5), C.R.S.;

(x) Class 4 felony internet luring of a child, in violation of section 18-3-306 (3), C.R.S.;

(y) Internet sexual exploitation of a child, in violation of section 18-3-405.4, C.R.S.;

(z) Public indecency, committed in violation of section 18-7-301 (2)(b), C.R.S., if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed;

(aa) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6;

(bb) Second degree kidnapping, if committed in violation of section 18-3-302 (3)(a);

(cc) Unlawful electronic sexual communication, in violation of section 18-3-418; or

(dd) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.
C.R.S. § 16-13-302 — CO Code / Title 16 / Article 13 / Part 3 / Section 16-13-302
16-13-302. Public nuisances - policy
Status: in_force

16-13-302. Public nuisances - policy. (1) It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the district attorney in each judicial district of this state to bring and maintain an action, pursuant to the provisions of this part 3, to restrain, prevent, abate, and perpetually enjoin any such public nuisance and to seek the forfeiture of property as provided in this part 3. The general assembly intends that proceedings under this part 3 be remedial and equitable in nature. Nothing contained in this part 3 shall be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 3, insofar as they relate to those laws, shall be considered a cumulative right of the people in the enforcement of such laws. The provisions of this part 3 shall not be construed to limit or preempt the powers of any court or political subdivision to abate or control nuisances.

(2) It is also the policy of the general assembly that asset forfeiture pursuant to this part 3 shall be carried out pursuant to the following:

(a) Generation of revenue shall not be the primary purpose of asset forfeiture.

(b) No prosecutor's or law enforcement officer's employment or level of salary shall depend upon the frequency of seizures or forfeitures which such person achieves.

(c) All seizures of real property pursuant to this part 3 shall be made pursuant to a temporary restraining order or injunction based upon a judicial finding of probable cause.

(d) Each seizing agency shall have policies and procedures for the expeditious release of seized property which is not subject to forfeiture pursuant to this part 3, when such release is appropriate.

(e) Each seizing agency retaining forfeited property for official law enforcement use shall ensure that the property is subject to controls consistent with controls which are applicable to property acquired through the normal appropriations process.

(f) Each seizing agency which receives forfeiture proceeds shall conform with reporting, audit, and disposition procedures enumerated in this article.

(g) Each seizing agency shall prohibit its employees from purchasing forfeited property.
C.R.S. § 16-11.7-103 — CO Code / Title 16 / Article 11.7 / Section 16-11.7-103
16-11.7-103. Sex offender management board - creation - duties - repeal
Status: repealed

16-11.7-103. Sex offender management board - creation - duties - repeal. (1) There is hereby created in the department of public safety a sex offender management board that consists of twenty-five members. The membership of the board must reflect, to the extent possible, representation of urban and rural areas of the state and a balance of expertise in adult and juvenile issues relating to persons who commit sex offenses. The membership of the board consists of the following persons who are appointed as follows:

(a) The chief justice of the supreme court shall appoint three members as follows:

(I) One member who represents the judicial department;

(II) One member who is a district court judge; and

(III) One member who is a juvenile court judge or juvenile court magistrate;

(b) The executive director of the department of corrections shall appoint one member who represents the department of corrections;

(c) The executive director of the department of human services shall appoint three members as follows:

(I) One member who represents the department of human services and who has recognizable expertise in child welfare and case management;

(II) One member who represents the division of youth services in the department of human services; and

(III) One member who is a provider of out-of-home placement services with recognizable expertise in providing services to juveniles who have committed sexual offenses;

(d) The executive director of the department of public safety shall appoint sixteen members as follows:

(I) One member who represents the division of criminal justice in the department of public safety;

(II) Two members who are licensed mental health professionals with recognizable expertise in the treatment of adult sex offenders;

(III) Two members who are licensed mental health professionals with recognizable expertise in the treatment of juveniles who have committed sexual offenses;

(IV) One member who is a member of a community corrections board;

(V) One member who is a public defender with recognizable expertise related to sexual offenses;

(VI) One member who represents law enforcement with recognizable expertise in addressing sexual offenses and victimization;

(VII) Three members who are recognized experts in the field of sexual abuse and who can represent sexual abuse victims and victims' rights organizations;

(VIII) One member who is a clinical polygraph examiner;

(IX) One member who is a private criminal defense attorney with recognizable expertise related to sexual offenses;

(X) One member who is a county director of human or social services, appointed after consultation with a statewide group representing counties; and

(XI) Two members who are county commissioners or members of the governing council for a jurisdiction that is a contiguous city and county, one of whom shall represent an urban or suburban county and one of whom shall represent a rural county, appointed after consultation with a statewide group representing counties;

(e) The executive director of the Colorado district attorneys' council shall appoint one member who represents the interests of prosecuting attorneys and who has recognizable expertise in prosecuting sexual offenses; and

(f) The commissioner of education shall appoint one member who has experience with juveniles who have committed sexual offenses and who are in the public school system.

(2) The members of the board shall elect presiding officers for the board, including a chair and vice-chair, from among the board members appointed pursuant to subsection (1) of this section, which presiding officers shall serve terms of two years. Board members may re-elect a presiding officer.

(3) Members of the board shall serve at the pleasure of the appointing authority for terms of four years; except that the member appointed pursuant to subparagraph (IX) of paragraph (d) of subsection (1) of this section prior to July 1, 2011, shall serve the term of years in effect at the time of his or her appointment. The appointing authority may reappoint a member for an additional term or terms. Members of the board shall serve without compensation.

(4) Duties of the board. The board shall carry out the following duties:

(a) Standards for identification and evaluation of adult sex offenders. (I) The board shall develop, prescribe, and revise, as appropriate, a standard procedure to evaluate and identify adult sex offenders, including adult sex offenders with developmental disabilities. The procedures shall provide for an evaluation and identification of the adult sex offender and recommend management, monitoring, and treatment based upon existing research and shall incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model. There is currently no way to ensure that adult sex offenders with the propensity to commit sexual offenses will not reoffend. Because there are adult sex offenders who can learn to manage unhealthy patterns and learn behaviors that can lessen their risk to society in the course of ongoing treatment, management, and monitoring, the board shall develop a procedure for evaluating and identifying, on a case-by-case basis, reliably lower-risk sex offenders whose risk to sexually reoffend may not be further reduced by participation in treatment as described in paragraph (b) of this subsection (4). The board shall develop and implement methods of intervention for adult sex offenders, which methods have as a priority the physical and psychological safety of victims and potential victims and which are appropriate to the assessed needs of the particular offender, so long as there is no reduction in the safety of victims and potential victims.

(II) Repealed.

(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 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 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).

(II) To revise the guidelines and standards developed pursuant to this paragraph (b), the board shall establish a committee to make recommendations to the board. At least eighty percent of the members of the committee must be approved treatment providers.

(III) Repealed.

(c) Allocation of money in sex offender surcharge fund. The board shall develop an annual plan for the allocation of moneys deposited in the sex offender surcharge fund created pursuant to section 18-21-103 (3), C.R.S., among the judicial department, the department of corrections, the division of criminal justice in the department of public safety, and the department of human services. In addition, the board shall coordinate the expenditure of moneys from the sex offender surcharge fund with any moneys expended by any of the departments described in this paragraph (c) to identify, evaluate, and treat adult sex offenders and juveniles who have committed sexual offenses. The general assembly may appropriate moneys from the sex offender surcharge fund in accordance with the plan.

(d) Risk assessment screening instrument. The board shall consult on, approve, and revise, as necessary, the risk assessment screening instrument developed by the division of criminal justice to assist the sentencing court in determining the likelihood that an adult sex offender will commit one or more of the offenses specified in section 18-3-414.5 (1)(a)(II), C.R.S., under the circumstances described in section 18-3-414.5 (1)(a)(III), C.R.S. In carrying out this duty, the board shall consider research on adult sex offender risk assessment and shall consider as one element the risk posed by an adult sex offender who suffers from psychopathy or a personality disorder that makes the person more likely to engage in sexually violent predatory offenses. If a defendant is found to be a sexually violent predator, the defendant shall be required to register pursuant to article 22 of this title and shall be subject to community notification pursuant to part 9 of article 13 of this title.

(e) Evaluation of policies and procedures - report. (I) The board shall research, either through direct evaluation or through a review of relevant research articles and sex offender treatment empirical data, and analyze, through a comprehensive review of evidence-based practices, the effectiveness of the evaluation, identification, and treatment policies and procedures for adult sex offenders developed pursuant to this article. This research shall specifically include, but need not be limited to, reviewing and researching reoffense and factors that contribute to reoffense for sex offenders as defined in this article, the effective use of cognitive behavioral therapy to prevent reoffense, the use of polygraphs in treatment, and the containment model for adult sex offender management and treatment and its effective application. The board shall revise the guidelines and standards for evaluation, identification, and treatment, as appropriate, based upon the results of the board's research and analysis. The board shall also develop and prescribe a system to implement the guidelines and standards developed pursuant to paragraph (b) of this subsection (4).

(II) Repealed.

(f) Criteria for measuring progress in treatment. (I) Pursuant to section 18-1.3-1009, C.R.S., concerning the criteria for release from incarceration, reduction in supervision, and discharge for certain adult sex offenders, the board, in collaboration with the department of corrections, the judicial department, and the state board of parole, shall develop and revise, as appropriate, criteria for measuring an adult sex offender's progress in treatment. The criteria shall assist the court and the state board of parole in determining whether an adult sex offender may appropriately be released from incarceration pursuant to section 18-1.3-1006 (1), C.R.S., or whether the adult sex offender's level of supervision may be reduced pursuant to section 18-1.3-1006 (2)(a) or 18-1.3-1008, C.R.S., or whether the adult sex offender may appropriately be discharged from probation or parole pursuant to section 18-1.3-1006 or 18-1.3-1008, C.R.S. At a minimum, the criteria shall be designed to assist the court and the state board of parole in determining whether the adult sex offender could be appropriately supervised in the community if he or she were released from incarceration, released to a reduced level of supervision, or discharged from probation or parole. The criteria shall not limit the decision-making authority of the court or the state board of parole.

(II) The board, in collaboration with the department of corrections, the judicial department, and the state board of parole, shall establish standards for community entities that provide supervision and treatment specifically designed for adult sex offenders who have developmental disabilities. At a minimum, the standards shall determine whether an entity would provide adequate support and supervision to minimize any threat that the adult sex offender may pose to the community.

(g) Living arrangements for adult sex offenders - recommendations. The board shall research, analyze, and make recommendations that reflect best practices for living arrangements for and the location of adult sex offenders within the community, including but not limited to shared living arrangements. At a minimum, the board shall consider the safety issues raised by the location of sex offender residences, especially in proximity to public or private schools and child care facilities, and public notification of the location of sex offender residences. The board shall adopt and revise as appropriate such guidelines as it may deem appropriate regarding the living arrangements and location of adult sex offenders and adult sex offender housing. The board shall accomplish the requirements specified in this paragraph (g) within existing appropriations.

(h) Data collection from treatment providers. (I) If the department of public safety acquires sufficient funding, the board may request that individuals or entities providing sex-offender-specific evaluation, treatment, or polygraph services that conform with standards developed by the board pursuant to paragraph (b) of this subsection (4) submit to the board data and information as determined by the board at the time that funding becomes available. This data and information may be used by the board to evaluate the effectiveness of the guidelines and standards developed pursuant to this article; to evaluate the effectiveness of individuals or entities providing sex-offender-specific evaluation, treatment, or polygraph services; or for any other purposes consistent with the provisions of this article.

(II) The board shall develop a data collection plan, including associated costs, in consultation with the research and evaluation professionals on the board and within the department of public safety. The board shall report on the data collection plan to the judiciary committees of the general assembly, or any successor committees, as part of its annual report presented pursuant to section 16-11.7-109 (2) in January 2017. By July 1, 2017, the board shall revise the guidelines and standards for approved providers developed pursuant to paragraphs (b) and (j) of this subsection (4) to require evaluators, treatment providers, and polygraph examiners to collect data pursuant to the data collection plan. If the board determines that it will be unable to complete the revision of the guidelines and standards by July 1, 2017, the board shall report to the judiciary committees of the general assembly, or any successor committees, a projected completion date as part of its annual report presented pursuant to section 16-11.7-109 (2) in January 2017.

(h.5) Compliance reviews of treatment providers. Beginning September 1, 2024, and every two years thereafter, the board shall perform a compliance review of at least ten percent of treatment providers.

(i) Standards for identification and evaluation of juvenile offenders. The board shall develop, prescribe, and revise, as appropriate, a standard procedure to evaluate and identify juveniles who have committed sexual offenses, including juveniles with developmental disabilities. The procedure shall provide for an evaluation and identification of the juvenile offender and recommend behavior management, monitoring, treatment, and compliance and shall incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model based upon the knowledge that all unlawful sexual behavior poses a risk to the community and that certain juveniles may have the capacity to change their behavior with appropriate intervention and treatment. The board shall develop and implement methods of intervention for juveniles who have committed sexual offenses, which methods have as a priority the physical and psychological safety of victims and potential victims and that are appropriate to the needs of the particular juvenile offender, so long as there is no reduction in the safety of victims and potential victims.

(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 offense, including juveniles with intellectual and developmental disabilities, incorporating in the guidelines and standards the concepts of the risk-need-responsivity or another evidence-based correctional model, which guidelines and standards may be used for 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 to prevent the juvenile from harming victims and potential victims. Programs must provide a continuing monitoring process and a continuum of treatment options available as a juvenile 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.

(II) To revise the guidelines and standards developed pursuant to this paragraph (j), the board shall establish a committee to make recommendations to the board. At least eighty percent of the members of the committee must be approved treatment providers.

(k) Evaluation of policies and procedures for juvenile offenders. The board shall research and analyze the effectiveness of the evaluation, identification, and treatment procedures developed pursuant to this article for juveniles who have committed sexual offenses. The board shall revise the guidelines and standards for evaluation, identification, and treatment, as appropriate, based upon the results of the board's research and analysis. The board shall also develop and prescribe a system to implement the guidelines and standards developed pursuant to paragraph (j) of this subsection (4).

(l) Educational materials. The board, in collaboration with law enforcement agencies, victim advocacy organizations, the department of education, and the department of public safety, shall develop and revise, as appropriate, for use by schools, the statement identified in section 22-1-124, C.R.S., and educational materials regarding general information about adult sex offenders and juveniles who have committed sexual offenses, safety concerns related to such offenders, and other relevant materials. The board shall provide the statement and materials to the department of education, and the department of education shall make the statement and materials available to schools in the state.

(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 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) In developing the revised release guideline instrument, the boards shall consider current research, information, and data regarding:

(A) Factors 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) The most effective use of limited treatment resources within the department of corrections;

(C) The 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.

(5) Immunity. The board and the individual board members shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the board.

(6) Repeal. This section is repealed, effective September 1, 2028. Before the repeal, this section is scheduled for review in accordance with section 24-34-104.
C.R.S. § 16-2-101 — CO Code / Title 16 / Article 2 / Part 1 / Section 16-2-101
16-2-101. Misdemeanor and petty offense procedures - statement of purpose
Status: in_force

16-2-101. Misdemeanor and petty offense procedures - statement of purpose. In order to provide a simple and expeditious method for the prosecution of misdemeanors and petty offenses in county courts but one which also guarantees to the defendant his constitutional rights, the general assembly does hereby establish a simplified criminal procedure for misdemeanors and petty offenses to be used under the circumstances set forth in this code in sections 16-2-102 to 16-2-114.
C.R.S. § 16-22-113 — CO Code / Title 16 / Article 22 / Section 16-22-113
16-22-113. Petition for removal from sex offender registry - mandatory hearing for disconti
Status: in_force

16-22-113. Petition for removal from sex offender registry - mandatory hearing for discontinuation and removal. (1) Except as required in subsection (3) of this section, any person required to register pursuant to section 16-22-103 or whose information is required to be posted on the internet pursuant to section 16-22-111 may file a petition with the court that issued the order of judgment for the conviction that requires the person to register for an order to discontinue the requirement for such registration or internet posting, or both, as follows:

(a) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 1, 2, or 3 felony, after a period of twenty years from the date of such person's discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

(a.5) Except as otherwise provided in subsections (1)(d), (1)(e), and (1)(f) of this section, if the offense that required the person to register constituted human trafficking for sexual servitude pursuant to section 18-3-504 (1)(a), upon completion of the person's sentence and his or her discharge from the department of corrections, if he or she was sentenced to incarceration, or discharge from the department of human services, if he or she was committed to such department, or final release from the jurisdiction of the court for the offense, if the person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior, the person may file a petition with the court pursuant to subsection (2) of this section. Notwithstanding any other information obtained by the court during the hearing of the petition, a court shall not issue an order discontinuing the petitioner's duty to register unless the petitioner has at least established by a preponderance of the evidence that at the time he or she committed the offense of human trafficking for sexual servitude, he or she had been trafficked by another person, as described in section 18-3-503 or 18-3-504, for the purpose of committing the offense. Failure to make the required showing pursuant to this subsection (1)(a.5) requires the person to comply with the provisions of subsection (1)(a) of this section for any subsequent petition to discontinue the person's duty to register.

(b) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 4, 5, or 6 felony or the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of ten years from the date of such person's discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

(c) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a misdemeanor other than the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of five years from the date of such person's final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

(d) If the person was required to register due to being placed on a deferred judgment and sentence or a deferred adjudication for an offense involving unlawful sexual behavior, after the successful completion of the deferred judgment and sentence or deferred adjudication and dismissal of the case, if the person prior to such time has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (a) of subsection (1.3) of this section;

(e) Except as otherwise required by subsection (1.3)(b)(II) of this section, if the person was younger than eighteen years of age at the time of commission of the offense, after the successful completion of and discharge from a juvenile sentence or disposition, and if the person prior to such time has not been subsequently convicted as an adult of unlawful sexual behavior, or for any other offense, the underlying factual basis of which involved unlawful sexual behavior, or does not have a pending prosecution for unlawful sexual behavior as an adult or for any other offense, the underlying factual basis of which involved unlawful sexual behavior, and the court did not issue an order to either continue or discontinue the duty to register pursuant to subsection (1.3)(b) of this section. A person petitioning pursuant to this subsection (1)(e) may also petition for an order to remove the person's name from the sex offender registry. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior. The court shall base its determination on the following, if available: Recommendations from the person's probation or community parole officer; the person's treatment provider; the prosecuting attorney for the jurisdiction in which the person was tried; and on the recommendations included in the person's presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding any other requirements of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section 19-2.5-104, if any.

(f) If the information about the person was required to be posted on the internet pursuant to section 16-22-111 (1)(d) only for failure to register, if the person has fully complied with all registration requirements for a period of not less than one year and if the person, prior to such time, has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior; except that the provisions of this paragraph (f) shall apply only to a petition to discontinue the requirement for internet posting.

(g) If a person's duty to register pursuant to this article 22 due to an adjudication or disposition as a juvenile has automatically terminated pursuant to section 16-22-103 (4), and the person's name has not already been removed from the sex offender registry by local law enforcement or the CBI, the person may petition for an order to remove the person's name from the sex offender registry. If the person has reached twenty-five years of age or seven years have passed from the date the person was required to register, whichever occurs later, and the person has not subsequently been convicted as an adult of unlawful sexual behavior, or for any other offense, the underlying factual basis of which involved unlawful sexual behavior, or does not have a pending prosecution for unlawful sexual behavior as an adult or for any other offense, the underlying factual basis of which involved unlawful sexual behavior, the court shall issue an order to remove the person's name from the sex offender registry.

(1.3) (a) If a person is eligible to petition to discontinue his or her duty to register pursuant to paragraph (d) of subsection (1) of this section, the court, at least sixty-three days before dismissing the case, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the person, and the victim of the offense for which the person was required to register, if the victim has requested notice and has provided current contact information, that the court will consider whether to order that the person may discontinue his or her duty to register when the court dismisses the case as a result of the person's successful completion of the deferred judgment and sentence or deferred adjudication. The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense objects or if the person requests a hearing. If the court enters an order discontinuing the person's duty to register, the person shall send a copy of the order to each local law enforcement agency with which the person is registered and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the person's duty to register.

(b) (I) If a person adjudicated or who received a disposition as a juvenile is required to register pursuant to section 16-22-103, the court, within fourteen days of the end of the juvenile's sentence, shall notify each of the parties described in subsection (2)(a) of this section, the juvenile, and the victim of the offense for which the juvenile was required to register, if the victim has requested notice and has provided current contact information, that the court shall consider whether to order that the juvenile may discontinue the juvenile's duty to register when the court discharges the juvenile's sentence. The court shall set the matter for hearing if any district attorney or a victim of the offense objects, or if the juvenile requests a hearing. If an objection is not filed within sixty-three days after receipt of the notice, the court shall, on the sixty-fourth day or the next day the court is in session if the sixty-fourth day falls on a Saturday, Sunday, or court holiday, either issue an order, after determination that the juvenile is eligible to discontinue registration pursuant to subsection (1)(e) of this section and a review of the relevant criteria that discontinues the juvenile's duty to register, or set the matter for a hearing to determine if the juvenile's duty to register continues. At any hearing, the court shall determine whether the juvenile is eligible to discontinue registration pursuant to subsection (1)(e) of this section and, if eligible, consider the criteria in subsection (1)(e) of this section in determining whether to continue or discontinue the duty to register. If the court enters an order to discontinue the juvenile's duty to register, the court shall send a copy of the order to each local law enforcement agency with which the juvenile is registered, the juvenile parole board, and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the juvenile's duty to register.

(II) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services may petition the court to set a hearing pursuant to paragraph (e) of subsection (1) of this section at least sixty-three days before the juvenile is scheduled to appear before the juvenile parole board.

(III) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services, prior to setting the matter for hearing, shall modify the juvenile's parole plan or parole hearing to acknowledge the court order or petition unless it is already incorporated in the parole plan.

(1.5) If the conviction that requires a person to register pursuant to the provisions of section 16-22-103 was not obtained from a Colorado court, the person seeking to discontinue registration or internet posting or both may file a civil case with the district court of the judicial district in which the person resides and seek a civil order to discontinue the requirement to register or internet posting or both under the circumstances specified in subsection (1) of this section.

(2) (a) A registrant who is eligible to petition to discontinue registration pursuant to the provisions of subsection (1) of this section must file a petition with the court of proper jurisdiction and shall provide a copy of the petition by certified mail to each of the following parties:

(I) Each law enforcement agency with which the registrant is required to register;

(II) The district attorney for the jurisdiction in which the petition to discontinue registration has been filed; and

(III) The prosecuting attorney who obtained the conviction of the registrant.

(b) Within twenty-one days after filing the petition, the petitioner shall file with the court copies of the return receipts received from each party notified and any documents supporting his or her eligibility to petition to discontinue registration. The supporting documents must include records documenting the completion of treatment if ordered by the court, when such records are available.

(c) Upon receipt of the petition, the court shall set a date for a hearing and shall notify the petitioner and the district attorney for that jurisdiction of the hearing date. The court shall also notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and provided contact information.

(d) If the district attorney or the victim objects to the registrant's petition, the district attorney shall file the objection with the court within sixty-three days after receiving the notice of the petition.

(e) If no objection is filed by the district attorney or made by the victim, the court may consider the petition without a hearing and shall grant the petition if the court finds that the petitioner has completed the sentence for which he or she was required to register; the petitioner has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying basis of which involved unlawful sexual behavior; the waiting time period described in subsection (1) of this section has expired; and the petitioner is not likely to commit a subsequent offense of or involving unlawful sexual behavior. In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2)(b) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.

(f) If there is objection to the petition by the district attorney or victim, the court shall conduct a hearing on the petition. The court may grant the petition if the court finds the petitioner has completed the sentence for which he or she was required to register; the petitioner has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying basis of which involved unlawful sexual behavior; the waiting time period described in subsection (1) of this section has expired; and the petitioner is not likely to commit a subsequent offense of or involving unlawful sexual behavior. In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2)(b) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.

(g) If the court enters an order discontinuing registration, the petitioner shall provide a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. The court shall also notify the victim, if the victim of the offense has requested notice and provided current contact information.

(h) On receipt of a copy of an order discontinuing a petitioner's duty to register:

(I) The CBI shall remove the petitioner's sex offender registration information from the state sex offender registry; and

(II) The local law enforcement agency shall remove the petitioner's sex offender registration information from the local sex offender registry.

(2.5) (a) Notwithstanding any provision of this section to the contrary, a registrant or his or her legal representative may file a petition to discontinue registration if the registrant suffers from a severe physical or intellectual disability to the extent that he or she is permanently incapacitated and does not present an unreasonable risk to public safety.

(b) The registrant or his or her legal representative must file a petition with the court of proper jurisdiction and shall provide a copy of the petition by certified mail to each of the following parties:

(I) Each law enforcement agency with which the registrant is required to register;

(II) The district attorney for the jurisdiction in which the petition to discontinue registration has been filed; and

(III) The prosecuting attorney who obtained the conviction of the registrant.

(c) Within twenty-one days after filing the petition, the petitioner shall file with the court copies of the return receipts received from each party notified and any documents supporting his or her eligibility to petition to discontinue registration. The supporting documents must include records documenting the completion of treatment if ordered by the court, when such records are available.

(d) Upon receipt of the petition, the court shall set a date for a hearing and shall notify the petitioner and the district attorney for that jurisdiction of the hearing date. The court shall also notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and provided contact information.

(e) If the district attorney or the victim objects to the registrant's petition, the district attorney shall file the objection with the court within sixty-three days of receiving the notice of the petition.

(f) If no objection is filed by the district attorney or made by the victim, the court may consider the petition without a hearing and shall grant the petition if the court finds the petitioner suffers from a severe physical or intellectual disability to the extent that the petitioner is permanently incapacitated, does not present an unreasonable risk to public safety, and is not likely to commit a subsequent offense of or involving unlawful sexual behavior. In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2.5)(c) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.

(g) If there is objection to the petition by the district attorney or victim, the court shall conduct a hearing on the petition. The court may grant the petition if the court finds the petitioner suffers from a severe physical or intellectual disability to the extent that the petitioner is permanently incapacitated, does not present an unreasonable risk to public safety, and is not likely to commit a subsequent offense of or involving unlawful sexual behavior. In determining whether to grant the petition, the court shall consider any treatment records provided pursuant to subsection (2.5)(c) of this section, any written or oral statement of the victim of the offense for which the petitioner was required to register, and any other relevant information presented by the petitioner or district attorney.

(h) If the court enters an order discontinuing registration, the petitioner shall provide a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. The court shall also notify the victim, if the victim of the offense has requested notice and provided contact information.

(i) On receipt of a copy of an order discontinuing a petitioner's duty to register:

(I) The CBI shall remove the petitioner's sex offender registration information from the state sex offender registry; and

(II) The local law enforcement agency shall remove the petitioner's sex offender registration information from the local sex offender registry.

(3) The following persons are not eligible for relief pursuant to this section, but are subject for the remainder of their natural lives to the registration requirements specified in this article 22 or to the comparable requirements of any other jurisdictions in which they may reside:

(a) Any person who is a sexually violent predator;

(b) Any person who is convicted as an adult of:

(I) Sexual assault, in violation of section 18-3-402; or sexual assault in the first degree, in violation of section 18-3-402, as it existed prior to July 1, 2000; or sexual assault in the second degree, in violation of section 18-3-403, as it existed prior to July 1, 2000; or

(II) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; or

(III) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; or

(IV) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; or

(V) Incest, in violation of section 18-6-301, C.R.S.; or

(VI) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(c) Any adult who has more than one conviction as an adult for unlawful sexual behavior or any other offense, the underlying factual basis of which is unlawful sexual behavior pursuant to section 16-22-103 (2), in this state or any other jurisdiction, except as provided in section 18-6-403 (5.7), or has a conviction as an adult and one or more adjudications as a juvenile for unlawful sexual behavior or for any other offense, the underlying factual basis of which is unlawful sexual behavior pursuant to section 16-22-103 (2), in this state or any other jurisdiction.
C.R.S. § 16-13-309 — CO Code / Title 16 / Article 13 / Part 3 / Section 16-13-309
16-13-309. Judgment - relief
Status: in_force

16-13-309. Judgment - relief. (1) The judgment in an action to abate a public nuisance may include a permanent injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance and an order directing the confiscation and forfeiture of property. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the same, and the court may retain jurisdiction of the case for the purpose of enforcing its orders.

(2) If the existence of a class 1 public nuisance is established in an action authorized by this part 3, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building, place, vehicle, or real property and the forfeiture of all fixtures and contents thereof and the confiscation and forfeiture of all personal property, including vehicles, seized or subject to seizure as provided in section 16-13-303 and shall direct the sale of the personal property, including vehicles, as provided in this part 3. If the building, place, or real property is not forfeited pursuant to this part 3, the order shall direct the effectual closing of such property against its use for any purpose for a period of one year, unless sooner released by the court pursuant to the provisions of this part 3. While the order remains in effect as to closing, such building, place, or real property shall remain in the custody of the court. The court shall cause a copy of the order of abatement to be recorded in the office of the county clerk and recorder of the county in which the property is located.

(3) The judgment in an action to abate a class 2 public nuisance may include an order directing the sheriff to seize and close the public nuisance, and to keep the same effectually closed until further order of the court, not to exceed one year.

(4) The judgment in an action to abate a class 3 public nuisance may include, in addition to or in the alternative to other injunctive relief, an order requiring the removal, correction, or other abatement of a public nuisance, in whole or in part, by the sheriff, at the expense of the owner or operator of the public nuisance.

(5) The judgment in an action to abate a public nuisance may include, in addition to or in the alternative to any other relief authorized by the provisions of this part 3, the imposition of a fine, within the limits provided in section 16-13-312, conditioned upon failure or refusal of compliance with the orders of the court within any time limits therein fixed.
C.R.S. § 16-8-115 — CO Code / Title 16 / Article 8 / Part 1 / Section 16-8-115
16-8-115. Release from commitment after verdict of not guilty by reason of insanity or not
Status: in_force

16-8-115. Release from commitment after verdict of not guilty by reason of insanity or not guilty by reason of impaired mental condition. (1) (a) (I) Upon an initial commitment following a finding of not guilty by reason of insanity pursuant to section 16-8-105.5 (4)(b), or upon delaying final entry of the finding of not guilty by reason of insanity pursuant to section 16-8.5-105.5 (4)(a), the court shall schedule an initial release hearing no later than one hundred twenty days after the initial commitment. The court shall order the department of human services to complete a release examination no later than thirty days prior to the initial release hearing. The defendant may request an additional release examination by a medical expert in mental health disorders of the defendant's choosing pursuant to section 16-8-108. The court may continue the hearing beyond one hundred and twenty days upon a finding of good cause or if necessary to conduct a second evaluation of the defendant.

(II) The court shall conduct the initial release hearing. At the initial release hearing, if any evidence is introduced that shows the defendant is ineligible for conditional release, the defendant has the burden of proving by a preponderance of the evidence that the defendant meets the applicable test for conditional release pursuant to section 16-8-120. If the court finds the defendant eligible for conditional release, the court may impose such terms and conditions as the court determines are in the best interest of the defendant and the community. If the court finds the defendant ineligible for conditional release, the court shall commit or continue the previous commitment of the defendant to the physical custody of the department of human services.

(III) This subsection (1)(a) applies to individuals found not guilty by reason of insanity on or after September 1, 2022.

(b) Following the initial release hearing pursuant to subsection (1)(a) of this section, the court may order a release hearing at any time on its own motion, on motion of the prosecuting attorney, or on motion of the defendant. The court shall order a release hearing upon receipt of the report of the chief officer of the institution in which the defendant is committed that the defendant no longer requires hospitalization, as provided in section 16-8-116. Except for the initial release hearing, unless the court for good cause shown permits, the defendant is not entitled to a hearing within one year subsequent to a previous hearing.

(c) Beginning September 1, 2022, the chief officer of the institution in which the defendant is committed shall annually submit a release examination report to the court certifying whether the defendant continues to meet the criteria for ongoing inpatient hospitalization or meets the applicable test for release pursuant to section 16-8-120. The report must be submitted each year by the date on which the defendant was initially committed for inpatient hospitalization unless another release examination is ordered within the twelve months preceding such date. The release examination report must include the information required for a release examination pursuant to subsection (2.5) of this section. The institution shall provide a copy of the report to the defendant, the prosecuting attorney, and any other attorney of record. Upon receipt and after review of the report, the court may order a release hearing on its own motion, on motion of the prosecuting attorney, or on motion of the defendant.

(1.5) (a) Any victim of any crime or any member of such victim's immediate family, if the victim has died or is a minor, the perpetrator of which has been found not guilty by reason of insanity or not guilty by reason of impaired mental condition, shall be notified by the court in a timely manner prior to any hearing for release of the perpetrator held pursuant to subsection (1) of this section, if such victim or family member can reasonably be located. This paragraph (a) shall apply only to offenses committed before July 1, 1995.

(b) Any victim of any crime or any member of such victim's immediate family, if the victim has died or is a minor, the perpetrator of which has been found not guilty by reason of insanity, shall be notified by the court in a timely manner prior to any hearing for release of the perpetrator held pursuant to subsection (1) of this section, if such victim or family member can reasonably be located. This paragraph (b) shall apply to offenses committed on or after July 1, 1995.

(2) (a) The court shall order a release examination of the defendant when a current one has not already been furnished or when either the prosecution or defense moves for an examination of the defendant at a different institution or by different experts. The court may order any additional or supplemental examination, investigation, or study that it deems necessary to a proper consideration and determination of the question of eligibility for release. The court shall set the matter for release hearing after it has received all of the reports that it has ordered under this section. When none of said reports indicates that the defendant is eligible for release, the defendant's request for release hearing shall be denied by the court if the defendant is unable to show by way of an offer of proof any evidence by a medical expert in mental disorders that would indicate that the defendant is eligible for release. For the purposes of this subsection (2), "medical expert in mental disorders" means a physician licensed under the provisions of article 240 of title 12, a psychologist licensed under the provisions of article 245 of title 12, a psychiatric technician licensed under the provisions of article 295 of title 12, a registered professional nurse as defined in section 12-255-104 (11), who by reason of postgraduate education and additional nursing preparation has gained knowledge, judgment, and skill in psychiatric or mental health nursing, or a social worker licensed under the provisions of part 4 of article 245 of title 12. The release hearing shall be to the court or, on demand by the defendant, to a jury of not to exceed six persons. At the release hearing, if any evidence of insanity is introduced, the defendant has the burden of proving restoration of sanity by a preponderance of the evidence; if any evidence of ineligibility for release by reason of impaired mental condition is introduced, the defendant has the burden of proving, by a preponderance of the evidence, that the defendant is eligible for release by no longer having an impaired mental condition. This subsection (2)(a) shall apply only to offenses committed before July 1, 1995.

(b) The court shall order a release examination of the defendant when a current one has not already been furnished or when either the prosecution or defense moves for an examination of the defendant at a different institution or by different experts. The court may order any additional or supplemental examination, investigation, or study that it deems necessary to a proper consideration and determination of the question of eligibility for release. The court shall set the matter for release hearing after it has received all of the reports that it has ordered under this section. When none of the reports indicates that the defendant is eligible for release, the defendant's request for release hearing shall be denied by the court if the defendant is unable to show by way of an offer of proof any evidence by a medical expert in mental disorders that would indicate that the defendant is eligible for release. For the purposes of this subsection (2), "medical expert in mental disorders" means a physician licensed under the provisions of article 240 of title 12, a psychologist licensed under the provisions of article 245 of title 12, a psychiatric technician licensed under the provisions of article 295 of title 12, a registered professional nurse as defined in section 12-255-104 (11), who by reason of postgraduate education and additional nursing preparation has gained knowledge, judgment, and skill in psychiatric or mental health nursing, or a social worker licensed under the provisions of part 4 of article 245 of title 12. The release hearing shall be to the court or, on demand by the defendant, to a jury composed of not more than six persons. At the release hearing, if any evidence that the defendant does not meet the release criteria is introduced, the defendant has the burden of proving by a preponderance of the evidence that the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous either to himself or herself or to others or to the community in the reasonably foreseeable future. This subsection (2)(b) shall apply to offenses committed on or after July 1, 1995.

(2.5) In addition to any other requirement pursuant to this section, the release examination report must include:

(a) A summary of the materials reviewed, assessments conducted, and other bases of opinion rendered;

(b) The defendant's current diagnosis and whether the defendant's symptoms of mental disease or defect are in remission;

(c) Information about medications currently prescribed to the defendant and whether the defendant is compliant with taking the prescribed medications;

(d) A summary of the treatment provided to the defendant since the last release examination, if applicable;

(e) An initial assessment of the defendant's risk of reoffending, including a summary of the defendant's treatment needs by utilizing evidence-based standards of individualized treatment and management of people acquitted by reason of insanity;

(f) A summary of the specific treatment options available to the defendant in the community and the specific treatment the defendant may receive at a facility designated by the executive director of the department of human services;

(g) A summary of whether and how ongoing risks could be managed if placement in the community were granted; and

(h) An opinion as to whether the defendant currently meets the applicable test for release, as described in section 16-8-120, citing specific facts and evidence supporting the opinion.

(3) (a) If the court or jury finds the defendant eligible for release, the court may impose such terms and conditions as the court determines are in the best interests of the defendant and the community, and the jury shall be so instructed. If the court or jury finds the defendant ineligible for release, the court shall recommit the defendant. The court's order placing the defendant on conditional release shall include notice that the defendant's conditional release may be revoked pursuant to the provisions of section 16-8-115.5.

(b) When a defendant is conditionally released, the chief officer of the institution in which the defendant is committed shall forthwith give written notice of the terms and conditions of such release to the executive director of the department of human services and to the director of any behavioral health safety net provider that may be charged with continued treatment of the defendant. The director of such behavioral health safety net provider shall make written reports every three months to the executive director of the department of human services and to the district attorney for the judicial district where the defendant was committed and to the district attorney for any judicial district where the defendant may be required to receive treatment concerning the treatment and status of the defendant. Such reports shall include all known violations of the terms and conditions of the defendant's release and any changes in the defendant's mental status that would indicate that the defendant has become ineligible to remain on conditional release as defined in section 16-8-102 (4.5).

(c) A defendant who has been conditionally released remains under the supervision of the department of human services until the committing court enters a final order of unconditional release. When a defendant fails to comply with any conditions of his release requiring him to establish, maintain, and reside at a specific residence and his whereabouts have therefore become unknown to the authorities charged with his supervision or when the defendant leaves the state of Colorado without the consent of the committing court, the defendant's absence from supervision shall constitute unauthorized absence, as defined in section 18-8-208.2. Such offense occurs in the county in which the defendant is authorized to reside.

(d) Any terms and conditions imposed by the court on the defendant's release and the defendant's mental status shall be reviewed at least every twelve months unless the court sooner holds a release hearing as provided in this section.

(e) As long as the defendant is granted conditional release and is subject to the provisions thereof, there shall be free transmission of all information, including clinical information regarding the defendant, among the department of human services, the appropriate behavioral health safety net providers, and appropriate district attorneys, law enforcement, and court personnel.

(4) (a) In addition to any terms and conditions of release imposed pursuant to subsection (3) of this section, a court shall order a defendant, as a condition of release, to register with the local law enforcement agency of the jurisdiction in which the defendant resides if the court finds that:

(I) The defendant was found not guilty by reason of insanity on a charge of an offense involving unlawful sexual behavior; or

(II) The defendant was found not guilty by reason of insanity on a charge of any other offense, the underlying factual basis of which includes an offense involving unlawful sexual behavior.

(a.5) In addition to any terms and conditions of release imposed pursuant to subsection (3) of this section, a court may order a defendant, as a condition of release, to register with the local law enforcement agency of the jurisdiction in which the defendant resides if the court finds that the chief officer of the institution in which the defendant has been committed recommends registration based on information obtained from the defendant during the course of treatment that indicates the defendant has committed an offense involving unlawful sexual behavior.

(b) The court's order placing the defendant on conditional release shall include notice of the requirement to register. The court's order, at a minimum, shall specify:

(I) The time period following release within which the defendant shall register with the local law enforcement agency;

(II) The time period following a change of residence within which the defendant shall reregister with the local law enforcement agency of the jurisdiction in which the defendant resides;

(III) The frequency with which the defendant must reregister with the local law enforcement agency of the jurisdiction in which the defendant resides to provide a periodic verification of the defendant's location;

(IV) Any other circumstances under which the defendant must reregister with the local law enforcement agency of the jurisdiction in which the defendant resides.

(c) Prior to release of any defendant who is required to register as a condition of release pursuant to this subsection (4), the department of human services shall obtain from the defendant the address at which the defendant plans to reside upon release. At least two days prior to release of the defendant, the department of human services shall notify the local law enforcement agency of the jurisdiction in which the defendant plans to reside upon release and the Colorado bureau of investigation of the anticipated release of the defendant and shall provide to the local law enforcement agency and the Colorado bureau of investigation the address at which the defendant plans to reside, a copy of the court order establishing the condition to register pursuant to this section, and any other pertinent information concerning the defendant.

(d) If the defendant plans to reside within the corporate limits of any city, town, or city and county, the defendant shall register at the office of the chief law enforcement officer of the city, town, or city and county. If the defendant plans to reside outside of such corporate limits, the defendant shall register at the office of the county sheriff of the county in which the defendant plans to reside.

(e) A defendant who registers with a local law enforcement agency as a condition of release pursuant to this subsection (4) shall register using forms provided by the local law enforcement agency and shall provide the information requested by the local law enforcement agency, including at a minimum a photograph and a complete set of fingerprints.

(f) The local law enforcement agency shall transmit any registrations received pursuant to paragraph (e) of this subsection (4) to the Colorado bureau of investigation within three business days following receipt. The Colorado bureau of investigation shall include any registration information received pursuant to this section in the central registry established pursuant to section 16-22-110, and shall specify that the information applies to a defendant required to register as a condition of release pursuant to this section. The forms completed by defendants required to register as a condition of release pursuant to this subsection (4) shall be confidential and shall not be open to inspection except as provided in paragraph (e) of subsection (3) of this section and except as provided for release of information to the public pursuant to sections 16-22-110 (6) and 16-22-112.

(g) As used in this subsection (4), "an offense involving unlawful sexual behavior" means any of the following offenses:

(I) (A) Sexual assault, in violation of section 18-3-402, C.R.S.; or

(B) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;

(II) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;

(III) (A) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or

(B) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;

(IV) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;

(V) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;

(VI) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;

(VII) Enticement of a child, in violation of section 18-3-305, C.R.S.;

(VIII) Incest, in violation of section 18-6-301, C.R.S.;

(IX) Aggravated incest, in violation of section 18-6-302, C.R.S.;

(X) Human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.;

(XI) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;

(XII) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;

(XIII) Indecent exposure, in violation of section 18-7-302, C.R.S.;

(XIV) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;

(XV) Pandering of a child, in violation of section 18-7-403, C.R.S.;

(XVI) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;

(XVII) Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.;

(XVIII) Pimping of a child, in violation of section 18-7-405, C.R.S.;

(XIX) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;

(XX) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.; or

(XXI) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this paragraph (g).

(h) Any condition imposed pursuant to this subsection (4) shall be in addition to any conditions that may be imposed pursuant to subsection (3) of this section and shall be subject to monitoring, review, and enforcement in the same manner as any condition imposed pursuant to subsection (3) of this section.

(i) (I) Any defendant required to register as a condition of release pursuant to this subsection (4), upon completion of a period of not less than twenty years from the date the defendant is placed on conditional release, may petition the district court for an order that discontinues the requirement for such registration and removes the defendant's name from the central registry established pursuant to section 16-22-110. The court may issue such order only if the court makes written findings of fact that the defendant has neither been convicted nor found not guilty by reason of insanity of an offense involving unlawful sexual behavior subsequent to his or her conditional release and that the defendant would not pose an undue threat to the community if allowed to live in the community without registration.

(II) Upon the filing of a petition pursuant to this subsection (4)(i), the court shall set a date for a hearing on the petition. The defendant shall notify the local law enforcement agency with which the defendant is required to register and the prosecuting attorney for the jurisdiction in which the local law enforcement agency is located of the filing of the petition and the hearing date. The court shall notify the victim of the filing of the petition and the hearing date. At the hearing, the court shall give opportunity to the victim to provide written or oral testimony. If the court enters an order discontinuing the defendant's duty to register, the defendant shall send a copy of the order to the local law enforcement agency and the Colorado bureau of investigation.
C.R.S. § 16-6-101 — CO Code / Title 16 / Article 6 / Part 1 / Section 16-6-101
16-6-101. Grounds for change of venue
Status: in_force

16-6-101. Grounds for change of venue. (1) The place of trial may be changed:

(a) When a fair trial cannot take place in the county or district in which the trial is pending; or

(b) When a more expeditious trial may be had by a change in the place of trial from one county to another; or

(c) When the parties stipulate to a change in the place of trial to another county in the same judicial district or to a county in an adjoining judicial district.
C.R.S. § 16-13-308 — CO Code / Title 16 / Article 13 / Part 3 / Section 16-13-308
16-13-308. Temporary restraining order - preliminary injunction - when to issue
Status: in_force

16-13-308. Temporary restraining order - preliminary injunction - when to issue. (1) (a) If probable cause for the existence of a class 1 public nuisance is shown to the court by means of a complaint supported by an affidavit, the court shall issue a temporary restraining order to abate and prevent the continuance or recurrence of the nuisance or to secure property subject to forfeiture pursuant to this part 3. Such temporary restraining order shall:

(I) Direct the sheriff or a peace officer to seize and, where applicable, close the public nuisance and keep the same effectually closed against its use for any purpose until further order of the court;

(II) Direct the seizure or holding, if previously seized, of all personal property subject to the provisions of this part 3; and

(III) Restrain and enjoin persons from selling, transferring, encumbering, damaging, destroying, or using as security for a bond any property subject to this part 3.

(b) The temporary restraining order may make such provisions as the court finds reasonable for the maintenance, utilities, insurance, and security with respect to real property subject to a public nuisance temporary restraining order, including imposing those responsibilities on the owner or defendant, if said owner or defendant is allowed reasonable access to the property consistent with those limited purposes.

(c) The court may order that all fixtures and contents of a public nuisance be stored on the premises of such public nuisance while an action under this part 3 is pending.

(d) The court may require that documents evidencing title or registration or that keys to property subject to this part 3 be deposited with a sheriff or peace officer, to be kept in the constructive custody of the court, while an action under this part 3 is pending.

(e) The court may require the sheriff or peace officer executing the order to post a copy of the order on property subject to the order.

(f) Any person with an ownership interest adversely affected by a temporary restraining order issued pursuant to this subsection (1) may file a motion to vacate the temporary restraining order. Such motion shall be filed within fourteen days of the time said person is served with or otherwise has notice of the temporary restraining order. The motion shall be set for hearing within fourteen days after its filing. At said hearing, the court shall determine whether the various provisions of the temporary restraining order should remain in effect pending final determination of the action. No part of the temporary restraining order shall be vacated unless the proponent of the motion demonstrates that there is no probable cause to believe that a public nuisance exists or that the public nuisance acts underlying the action occurred, or that the proponent has a reasonable likelihood of prevailing on the merits of the case with respect to the temporary seizure or closure of the property. No issue regarding the forfeiture of the property shall be raised at the hearing on the motion, except the court may consider an innocent owner defense pursuant to section 16-13-303 (5.2) by a proponent who has not been charged in a parallel criminal action arising from the same activity giving rise to the forfeiture proceedings. When the innocent owner defense is raised as grounds for vacating the order, the issues at the hearing shall be limited to modifying the order to provide for the use of the property during the pendency of the action by an innocent owner, but only if such use is consistent with preserving it for forfeiture as to any other interest. Such a modifying order may include, without limitation, reasonable provisions for the continued occupancy of a residence, or the operation of a business and the sale or disposition of business inventory. However, no such modifying order shall include the release of currency. The determination of the facts by the court at the hearing is independent of and shall not be considered in the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrences. Any motion to vacate a temporary restraining order shall state specifically the factual and legal grounds upon which it is based, and only those grounds may be considered at the hearing. Until vacated, the temporary restraining order shall remain in full force and effect.

(2) In an action to abate a class 2 public nuisance, the court may, as a part of a preliminary injunction, direct the sheriff to seize and close such public nuisance and to keep the same effectually closed against its use for any purpose, until further order of the court. While the preliminary injunction remains in effect, the building or place seized and closed, and all personal property seized thereunder, shall be subject to the orders of the court.

(3) Temporary restraining orders and preliminary injunctions for public nuisances other than class 1 public nuisances may be issued as provided by the Colorado rules of civil procedure. No bond or security shall be required of the district attorney or the people of the state in any action to abate a public nuisance.
C.R.S. § 16-13-903 — CO Code / Title 16 / Article 13 / Part 9 / Section 16-13-903
16-13-903. Sexually violent predator subject to community notification - determination - im
Status: in_force

16-13-903. Sexually violent predator subject to community notification - determination - implementation. (1) A sexually violent predator shall be subject to community notification as provided in this part 9, pursuant to criteria, protocols, and procedures established by the management board pursuant to section 16-13-904.

(2) (Deleted by amendment, L. 2006, p. 1312, § 3, effective May 30, 2006.)

(3) (a) When a sexually violent predator is sentenced to probation or community corrections or is released into the community following incarceration, the sexually violent predator's supervising officer, or the official in charge of the releasing facility or his or her designee if there is no supervising officer, shall notify the local law enforcement agency for the jurisdiction in which the sexually violent predator resides or plans to reside upon release from incarceration. The local law enforcement agency shall notify the Colorado bureau of investigation, and the sexually violent predator's status as being subject to community notification shall be entered in the central registry of persons required to register as sex offenders created pursuant to section 16-22-110.

(b) When a sexually violent predator living in a community changes residence, upon registration in the new community or notification to the new community's law enforcement agency, that agency shall notify the Colorado bureau of investigation and implement community notification protocols.

(4) Nothing in this section shall be construed to abrogate or limit the sovereign immunity granted to public entities pursuant to the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.

(5) A sex offender convicted in another jurisdiction who is designated as a sexually violent predator by the department of public safety for purposes of Colorado law shall be notified of his or her designation and shall have the right to appeal the designation in district court.
C.R.S. § 16-5-204 — CO Code / Title 16 / Article 5 / Part 2 / Section 16-5-204
16-5-204. Witnesses before a grand jury - procedure
Status: repealed

16-5-204. Witnesses before a grand jury - procedure. (1) (a) Whenever a witness in any proceeding before any grand jury refuses, without just cause shown, to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording, or other material, the prosecuting attorney may submit an application to the court for an order directing the witness to show why the witness should not be held in contempt. After submission of such application and a hearing at which the witness may be represented by counsel, the court may, if the court finds that such refusal was without just cause, hold the witness in contempt and order the witness to be confined. Such confinement shall continue until such time as the witness is willing to give such testimony or provide such information; however, the court may release the witness from confinement if the court determines that further confinement will not cause the witness to give such testimony or provide such information. No period of such confinement shall exceed the term of the grand jury, including extensions, before which such refusal to comply with the court order occurred, and in no event shall such confinement exceed six months.

(b) If a witness has been confined in accordance with paragraph (a) of this subsection (1), he or she may, upon petition filed with the court, request a hearing to be held within fourteen days to review the contempt order at which hearing he or she shall have the right to be represented by counsel. The court, at the hearing, may rescind, modify, or affirm the order.

(c) In any proceeding conducted under this section, counsel may be appointed for a person financially unable to obtain adequate assistance.

(1.5) (a) Upon verified application of the prosecuting attorney stating that a witness was lawfully served with a subpoena to appear and testify before the grand jury and that the witness failed to appear in accordance with such subpoena, the court shall issue a warrant commanding any peace officer to bring the witness without unnecessary delay before the court for a hearing on the matters set forth in the application and to determine whether the witness should be held in contempt pursuant to subsection (1) of this section.

(b) Upon issuance of the warrant, the court may fix an appropriate bond and direct, as a condition of the bond, that the witness appear on a date and at a time certain for the hearing.

(2) No person who has been imprisoned or fined by a court for refusal to testify or provide other information concerning any criminal incident or incidents in any proceeding before a grand jury impaneled before any district court shall again be imprisoned or fined for a subsequent refusal to testify or provide other information concerning the same criminal incident or incidents before any grand jury.

(3) Upon impanelment of each grand jury, the court shall give to such grand jury adequate and reasonable written notice of and shall assure that the grand jury reasonably understands the nature of:

(a) Its duty to inquire into offenses against the criminal laws of the state of Colorado alleged to have been committed;

(b) Its right to call and interrogate witnesses;

(c) Its right to request the production of documents or other evidence;

(d) The subject matter of the investigation and the criminal statutes or other statutes involved, if these are known at the time the grand jury is impaneled;

(e) The duty of the grand jury by an affirmative vote of nine or more members of the grand jury to determine, based on the evidence presented before it, whether or not there is probable cause for finding indictments and to determine the violations to be included in any such indictments; and

(f) The requirement that the grand jury may not find an indictment in cases of perjury unless at least two witnesses to the same fact present evidence establishing probable cause to find such an indictment.

(4) (a) At the option of the prosecuting attorney, a grand jury subpoena may contain an advisement of rights. If the prosecuting attorney determines that an advisement is necessary, the grand jury subpoena shall contain the following advisement prominently displayed on the front of the subpoena:

NOTICE

(I) You have the right to retain an attorney to represent you and to advise you regarding your grand jury appearance.

(II) Anything you say to the grand jury may be used against you in a court of law.

(III) You have the right to refuse to answer questions if you feel the answers would tend to incriminate you or to implicate you in any illegal activity.

(IV) If you cannot afford or obtain an attorney, you may request the court to appoint an attorney to consult with or represent you.

(b) Any witness who is not advised of his rights pursuant to paragraph (a) of this subsection (4) shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he testifies or any evidence he produces, nor shall any such testimony or evidence be used as evidence in any criminal proceeding, except for perjury, against him in any court.

(c) Repealed.

(d) Any witness subpoenaed to appear and testify before a grand jury or to produce books, papers, documents, or other objects before such grand jury shall be entitled to assistance of counsel during any time that such witness is being questioned in the presence of such grand jury, and counsel may be present in the grand jury room with his client during such questioning. However, counsel for the witness shall be permitted only to counsel with the witness and shall not make objections, arguments, or address the grand jury. Such counsel may be retained by the witness or may, for any person financially unable to obtain adequate assistance, be appointed in the same manner as if that person were eligible for appointed counsel. An attorney present in the grand jury room shall take an oath of secrecy. If the court, at an in camera hearing, determines that counsel was disruptive, then the court may order counsel to remain outside the courtroom when advising his client. No attorney shall be permitted to provide counsel in the grand jury room to more than one witness in the same criminal investigation, except with the permission of the grand jury.

(e) Once a grand jury has returned a no true bill based upon a transaction, set of transactions, event, or events, a grand jury inquiry into the same transaction or events shall not be initiated unless the court finds, upon a proper showing by the prosecuting attorney, that the prosecuting attorney has discovered additional evidence relevant to such inquiry.

(f) An authorized reporter shall be present at all grand jury sessions. All grand jury proceedings and testimony from commencement to adjournment shall be reported. The reporter's notes and any transcripts which may be prepared shall be preserved, sealed, and filed with the court. No release or destruction of the notes or transcripts shall occur without prior court approval.

(g) Upon application by the prosecutor, or by any witness after notice to the prosecutor, the court, for good cause, may enter an order to furnish to that witness a transcript of his own grand jury testimony, or minutes, reports, or exhibits relating to them.

(h) Any witness summoned to testify before a grand jury, or an attorney for such witness with the witness's written approval, shall be entitled, prior to testifying, to examine and copy at the witness's expense any statement in the possession of the prosecuting attorney or the grand jury which such witness has made to any law enforcement or prosecution official or under an oath required by law that relates to the subject matter under inquiry by the grand jury. If a witness is proceeding in forma pauperis, he shall be furnished, upon request, a copy of such transcript and shall not pay a fee.

(i) No person subpoenaed to testify or to produce books, papers, documents, or other objects in any proceeding before any grand jury shall be required to testify or to produce such objects, or be confined as provided in this section, for his failure to so testify or produce such objects if, upon filing a motion and upon an evidentiary hearing before the court which issued such subpoena or a court having jurisdiction under this section, the court finds that:

(I) A primary purpose or effect of requiring such person to so testify or to produce such objects before the grand jury is or will be to secure testimony for trial for which the defendant has already been charged by information, indictment, or criminal complaint;

(II) Compliance with a subpoena would be unreasonable or oppressive;

(III) A primary purpose of the issuance of the subpoena is to harass the witness;

(IV) The witness has already been confined, imprisoned, or fined under this section for his refusal to testify before any grand jury investigating the same transaction, set of transactions, event, or events; or

(V) The witness has not been advised of his rights as specified in paragraph (a) of this subsection (4).

(j) Any grand jury may indict a person for an offense when the evidence before such grand jury provides probable cause to believe that such person committed such offense.

(k) The district court before which the indicted defendant is to be tried shall dismiss any indictment of the grand jury if such district court finds, upon the filing of a motion by the indicted defendant based upon the grand jury record without argument or further evidence, that the grand jury finding of probable cause is not supported by the record.

(l) Any person may approach the prosecuting attorney or the grand jury and request to testify or retestify in an inquiry before a grand jury or to appear before a grand jury. The prosecuting attorney or the grand jury shall keep a record of all denials of such requests to that prosecuting attorney or grand jury, including the reasons for not allowing such person to testify or appear. If the person making such request is dissatisfied with the decision of the prosecuting attorney or the grand jury, such person may petition the court for hearing on the denial by the prosecuting attorney or the grand jury. If the court grants the hearing, then the court may permit the person to testify or appear before the grand jury, if the court finds that such testimony or appearance would serve the interests of justice.

(m) The foreman, or acting foreman when designated by the court, of the grand jury may swear or affirm all witnesses who come before the grand jury.

(n) Any other motions testing the validity of the indictment may be heard by the court based only on the record and argument of counsel, unless there is cause shown for the need for additional evidence.
C.R.S. § 16-1-110 — CO Code / Title 16 / Article 1 / Section 16-1-110
16-1-110. Regulation of showup identification procedures - definitions
Status: repealed

16-1-110. Regulation of showup identification procedures - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "P.O.S.T.-certified" means certified by the peace officers standards and training board created in section 24-31-302.

(b) "Showup" means an identification procedure in which an eyewitness is presented with a single subject in person for the purpose of determining whether the eyewitness identifies the individual as the suspect.

(2) (a) A peace officer may utilize a showup only pursuant to the following conditions:

(I) (A) Following the report of a crime, a peace officer, acting on reasonable suspicion, has detained a subject in the crime within minutes of the commission of the crime and near the location of the crime;

(B) Given the circumstances, neither a live lineup nor a photo array are available as a means of identification; and

(C) The eyewitness reasonably believes he or she can identify the subject.

(II) To verify the identity of an intimate relationship, as defined in section 18-6-800.3 (2), in a domestic violence case; or

(III) To confirm the identity of a familial subject, including a parent, child, or sibling known to the eyewitness.

(3) (a) Beginning January 1, 2022, for showups conducted on or after this date, when a law enforcement agency that employs peace officers required to be P.O.S.T.-certified pursuant to section 16-2.5-102 or a P.O.S.T.-certified peace officer conducts a showup, the peace officer shall comply with the following provisions:

(I) A peace officer shall transport the eyewitnesses separately to the location of the person subject to the showup;

(II) The showup location must be as well-lit as practicable with an unobstructed view of the person subject to the showup;

(III) A peace officer shall avoid external factors that can be suggestive to the eyewitness, such as verbal comments, computer screen data, or any other information concerning the person subject to the showup;

(IV) A peace officer shall not require the person subject to the showup to put on described clothing worn by the suspect, speak specific words uttered by the suspect, or perform any specific actions mimicking those of the suspect that occurred during the commission of the reported crime;

(V) A peace officer shall not show the person subject to the showup to the eyewitness while the person was in handcuffs or in the back of a patrol vehicle, except in circumstances to prevent an imminent threat of physical harm to a peace officer or another person or the escape of the subject;

(VI) When multiple eyewitnesses exist, a peace officer shall permit only one eyewitness at a time to view the person subject to the showup;

(VII) When multiple subjects exist, a peace officer shall separate the subjects and conduct separate showups with each subject;

(VIII) A peace officer shall separate the eyewitnesses from one another;

(IX) When conducting a showup with an eyewitness who has limited English proficiency or who is hearing impaired or deaf, a peace officer, if feasible, shall obtain an interpreter before proceeding with the showup. The lack of an interpreter does not preclude use of evidence derived from the showup procedure if a court finds the identification is sufficiently or nevertheless reliable.

(X) A peace officer shall give the admonition required by subsection (3)(d) of this section prior to conducting the showup;

(XI) (A) Repealed.

(B) No later than January 1, 2023, using a body-worn camera, a peace officer shall record a video of the entirety of the showup procedure including each subject to preserve a record of the appearance of the subject at the time of the showup and the location and conditions of the showup, the admonition a peace officer is required to provide to an eyewitness as required by subsection (3)(d) of this section, and the eyewitness confidence statement required by subsection (3)(a)(XII) of this section.

(XII) If an eyewitness makes an identification during a showup, a peace officer shall ask the eyewitness whether the eyewitness is confident, somewhat confident, or not confident about the identification. If an eyewitness makes an identification, a peace officer, at the time of the identification, shall take a clear statement from the eyewitness and document the statement in the eyewitness's own words. If an eyewitness makes an identification and an arrest occurs, any further acts to obtain an additional identification by subsequent eyewitnesses must be through a live lineup or photo array.

(b) The court shall consider any failure by law enforcement to comply with the requirements of this section with respect to any challenge to a showup identification.

(c) A P.O.S.T.-certified peace officer shall document the time and location of the showup and read the showup advisement required by subsection (3)(d) of this section to each eyewitness. The officer shall document the procedure in the officer's written statement and, beginning July 1, 2023, record the showup in its entirety with the officer's body-worn camera.

(d) (I) When conducting a showup, a P.O.S.T.-certified peace officer shall verbally communicate to the eyewitness the substance of the following statements:

(A) You should not assume the person you are about to see has committed a crime;

(B) We could be showing you a person for many reasons, including to clear the person from investigation;

(C) Eliminating a person from an investigation serves an equally important purpose as identifying a person who might have been involved in the criminal activity;

(D) The investigation of this matter will continue whether or not you identify a person;

(E) Apart from individual assistance and cooperation with law enforcement, we cannot discuss the investigation with you; and

(F) Please do not discuss what you saw, said, or did during this procedure with any other eyewitness.

(II) The P.O.S.T.-certified peace officer shall ask the eyewitness if they understand the instructions, if they agree to comply with the instructions, and if they have any questions before the identification procedure begins. The eyewitness must respond affirmatively in order for the showup to proceed.
C.R.S. § 16-3-303.8 — CO Code / Title 16 / Article 3 / Part 3 / Section 16-3-303.8
16-3-303.8. Testing for communicable diseases - court order required - definitions
Status: in_force

16-3-303.8. Testing for communicable diseases - court order required - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Communicable disease" means a disease or infection that is spread from one person to another through the exchange of blood or other bodily fluid and the human immunodeficiency virus (HIV).

(b) "Emergency medical care provider" has the same meaning as defined in section 18-3-201 (1), C.R.S.

(c) "Emergency medical service provider" has the same meaning as defined in section 18-3-201 (1.3), C.R.S.

(d) "Firefighter" has the same meaning as defined in section 18-3-201 (1.5), C.R.S.

(e) "Peace officer" means any person described in section 16-2.5-101.

(2) Consent. Unless a person has admitted that he or she has a communicable disease and provides confirmation of the disease, a law enforcement agency shall ask a person to voluntarily consent to a blood test to determine if the person has a communicable disease if:

(a) The person committed an assault in the first degree in violation of section 18-3-202, C.R.S.; assault in the second degree in violation of section 18-3-203, C.R.S.; or assault in the third degree in violation of section 18-3-204, C.R.S.; and

(b) During or as a result of the assault, the person's blood or other bodily fluid came into contact with any victim of the assault, a peace officer, firefighter, or emergency medical care provider, or an emergency medical service provider, and there is reason to believe, based on information from a medical professional, the department of public health and environment, or a local health agency, that the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider is at risk of transmission of a communicable disease.

(3) Application. (a) A court shall order a person to submit blood required for a test for communicable diseases if an affidavit sworn to or affirmed before the judge establishes the following grounds for the order:

(I) There is probable cause that a person committed the crime of assault in the first degree in violation of section 18-3-202, C.R.S.; assault in the second degree in violation of section 18-3-203, C.R.S.; or assault in the third degree in violation of section 18-3-204, C.R.S.;

(II) The person has been asked to voluntarily submit to a blood test for a communicable disease and the person has refused; and

(III) There is probable cause to believe that the person's blood or other bodily fluid came into contact with any victim of the assault, a peace officer, firefighter, or emergency medical care provider, or an emergency medical service provider, and there is reason to believe, based on information from a medical professional, the department of public health and environment, or a local health agency, that the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider is at risk of transmission of a communicable disease.

(b) The affidavit required by paragraph (a) of this subsection (3) may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before the issuance of the court order. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for the court order must be attached to a court order issued pursuant to this section.

(4) Order. If the court is satisfied that grounds for the application exist or that there is probable cause to believe that the grounds exist, the court shall issue the court order, which shall:

(a) Identify the name or description of the individual who is to give the blood;

(b) Identify the names of any persons making affidavits for issuance of the order;

(c) Identify the criminal offense concerning which the order has been issued;

(d) Identify the name of the victim of the assault, peace officer, firefighter, emergency medical care provider, or emergency medical service provider;

(e) Include a mandate to the officer to whom the order is directed to detain the person for only such time as is necessary to obtain the blood; and

(f) Include the typewritten or printed name of the judge issuing the order and his or her signature.

(5) Execution and return. (a) The blood tests must be conducted under medical supervision. A person who appears under an order of appearance issued pursuant to this section shall not be detained longer than is reasonably necessary to obtain the blood unless he or she is arrested for an offense.

(b) The order may be executed and returned only within thirty-five days after its issuance.

(c) The officer executing the order shall give a copy of the order to the person upon whom it is served.

(6) Disclosure of results and confidentiality. (a) The results of any test on the blood obtained pursuant to an order issued under this section must be reported to the court or the court's designee, who shall then disclose the results to any person named in paragraph (d) of subsection (4) of this section who requests the disclosure.

(b) Except as required by paragraph (a) of this subsection (6), the court shall keep the test results, disclosure of the test results, and any records relating to the test results or the disclosure of the test results confidential.

(7) Voluntary submission. If a person described in paragraph (a) of subsection (3) of this section voluntarily submits to a test for communicable diseases, the fact of the person's voluntary submission is admissible in mitigation of sentence if the person is convicted of the charged offense.
C.R.S. § 16-2-114 — CO Code / Title 16 / Article 2 / Part 1 / Section 16-2-114
16-2-114. Appeals
Status: repealed

16-2-114. Appeals. (1) The defendant may appeal a judgment of the county court in a criminal action under simplified procedure to the district court of the county. To appeal, the defendant shall, within thirty-five days after the date of entry of the judgment or the denial of posttrial motions, whichever is later, file notice of appeal in the county court, post any advance costs that are required for the preparation of the record, and serve a copy of the notice of appeal upon the appellee. The defendant shall also, within such thirty-five days, docket the appeal in the district court and pay the docket fee. No motion for new trial or in arrest of judgment shall be required as a prerequisite to an appeal, but such motions may be made pursuant to applicable rule of the Colorado supreme court.

(2) The notice of appeal shall state with particularity the alleged errors of the county court or other grounds relied upon for the appeal and shall include a stipulation or designation of the evidence and other proceedings which the appellant desires to have included in the record certified to the district court. If the appellant intends to urge upon appeal that the judgment or a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence relevant to that finding or conclusion. The appellee shall have fourteen days after service upon him or her of the notice of appeal to file with the clerk of the county court and serve upon the appellant a designation of any additional parts of the transcript or record which he or she deems necessary. The advance cost of preparing the additional record shall be posted by the appellant with the clerk of the county court within seven days after service upon him or her of the appellee's designation, or the appeal will be dismissed. If the district court finds that any part of the additional record designated by the appellee was unessential to a complete understanding of the questions raised by the appeal, it shall order the appellee to reimburse the appellant for the cost advanced for the preparation of that part without regard to the outcome of the appeal.

(3) Upon the filing of a notice of appeal and upon the posting of any advance costs by the appellant, as are required for the preparation of a record, unless the appellant is granted leave to proceed as an indigent, the clerk of the county court shall prepare and issue as soon as possible a record of the proceedings in the county court, including the summons and complaint or warrant, the separate complaint if any has been issued, and the judgment. The record shall also include a transcription or a joint stipulation of such part of the actual evidence and other proceedings as the parties designate. If the proceedings have been recorded electronically, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the court, either by him or her or under his or her supervision, within forty-two days after the filing of the notice of appeal or within such additional time as may be granted by the county court. The clerk shall notify in writing the opposing parties of the completion of the record, and such parties shall have fourteen days within which to file objections. If none are received, the record shall be certified forthwith by the clerk. If objections are made, the parties shall be called for hearing and the objections settled by the county judge and the record then certified.

(4) When the record has been duly certified and any additional fees therefor paid, it shall be filed with the clerk of the district court by the clerk of the county court, and the opposing parties shall be notified by the clerk of the county court of the filing.

(5) A written brief setting out matters relied upon as constituting error and outlining any arguments to be made shall be filed in the district court by the appellant within twenty-one days after certification of the record. A copy of the appellant's brief shall be served upon the appellee. The appellee may file an answering brief within twenty-one days after such service. A reply brief may be filed within fourteen days after service of the answering brief. In the discretion of the district court, the time for filing briefs and answers may be extended.

(6) Pending the docketing of the appeal, a stay of execution shall be granted by the county court upon request. If a sentence of imprisonment has been imposed, the defendant may be required to post bail, and if a fine and costs have been imposed, a deposit of the amount thereof or the posting of a bond for the payment thereof may be required by the county court. Upon a request for stay of execution made anytime after the docketing of the appeal, this action may be taken by the district court. Stays of execution granted by the county court or district court and, with the written consent of the sureties if any, bonds posted with such courts shall remain in effect until after final disposition of the appeal, unless modified by the district court.

(7) If for any reason an adequate record cannot be certified to the district court, the case shall be tried de novo in that court. No action on appeal shall result in an increase in penalty.

(8) Unless there is further review by the supreme court upon writ of certiorari pursuant to the rules of that court, after final disposition of the appeal the judgment on appeal entered by the district court shall be certified to the county court for action as directed by the district court, except in cases tried de novo by the district court or in cases in which the district court modifies the county court judgment, and, in such cases, the judgment on appeal shall be that of the district court and so enforceable.

(9) Repealed.
C.R.S. § 16-13-311 — CO Code / Title 16 / Article 13 / Part 3 / Section 16-13-311
16-13-311. Disposition of seized personal property
Status: in_force

16-13-311. Disposition of seized personal property. (1) Any personal property subject to seizure, confiscation, forfeiture, or destruction under the provisions of this part 3, and which is seized as a part of or incident to proceedings under this part 3 for which disposition is not provided by another statute of this state, shall be disposed of as provided in this section.

(2) Any such property which is required by law to be destroyed, or the possession of which is illegal, or which in the opinion of the court is not properly the subject of a sale may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the sheriff of the proper county or any peace officer and returned by the sheriff or peace officer after execution thereof. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.

(3) (a) If the prosecution prevails in the forfeiture action, the court shall order the property forfeited. Such order perfects the state's right and interest in and title to such property and relates back to the date when title to the property vested in the state pursuant to section 16-13-316. Except as otherwise provided in subsection (3)(c) of this section, the court shall also order such property to be sold at a public sale by the law enforcement agency in possession of the property in the manner provided for sales on execution, or in another commercially reasonable manner. Property forfeited pursuant to this section or proceeds therefrom must be distributed or applied in the following order:

(I) To payment of the balances due on any liens perfected on or before the date of seizure preserved by the court in the forfeiture proceedings, in the order of their priority;

(II) To compensate an innocent partial owner for the fair market value of his or her interest in the property;

(III) To any person who suffers bodily injury, property damage, or property loss as a result of the conduct constituting a public nuisance that resulted in such forfeiture, if said person petitions the court therefor prior to the hearing dividing the proceeds pursuant to this section and the court finds that such person suffered said damages as a result of the subject acts that resulted in the forfeiture;

(IV) To the law enforcement agency in possession of the property for reasonable fees and costs of sale, maintenance, and storage of the property;

(V) To the district attorney for actual and reasonable expenses related to the costs of prosecuting the forfeiture proceeding and title transfer not to exceed ten percent of the value of the property;

(VI) One percent of the value of the property to the clerk of the court for administrative costs associated with compliance with this section;

(VII) The balance must be delivered, upon order of the court, as follows:

(A) Fifty percent to the general fund of the governmental body or bodies with budgetary authority over the seizing agency for public safety purposes or, if the seizing agency was a multijurisdictional task force, fifty percent to be distributed in accordance with the appropriate intergovernmental agreement;

(B) Twenty-five percent to the behavioral health administrative services organization contracting with the behavioral health administration in the department of human services serving the judicial district where the forfeiture proceeding was prosecuted to fund detoxification and substance use disorder treatment. Money appropriated to the behavioral health administrative services organization must be in addition to, and not be used to supplant, other funding appropriated to the behavioral health administration; and

(C) Twenty-five percent to the law enforcement community services grant program fund, created pursuant to section 24-32-124 (5).

(b) (Deleted by amendment, L. 2002, p. 921, § 5, effective July 1, 2002.)

(c) If, in a forfeiture proceeding, a partial owner is determined to be an innocent owner under law, at the option of the innocent partial owner, in lieu of a public sale, the innocent partial owner may purchase the forfeited items from the state at a private sale for fair market value. Proceeds received by the state shall be disposed of pursuant to this section.

(d) After a judgment of forfeiture has been entered, any seizing agency in possession of any money forfeited shall deposit the money in the registry of the court where the forfeiture order was entered. Upon the sale of forfeited real or personal property, the seizing agency responsible for overseeing the sale shall ensure that any lienholders are compensated from the proceeds of the sale pursuant to the priorities specified in paragraph (a) of this subsection (3) for their interests in the forfeited property. The seizing agency shall deposit all remaining proceeds from the sale in the registry of the court immediately upon completion of the sale. The seizing agency shall notify the court and the district attorney when all property subject to the forfeiture order has been sold and all proceeds and money have been deposited in the registry of the court where the forfeiture order was entered.

(e) Within thirty-five days after the date the order of forfeiture is entered, the district attorney may submit a motion, an affidavit, and any supporting documentation to the court to request compensation consistent with this section. Within thirty-five days after the date the order of forfeiture is entered, any victim of the criminal act giving rise to the forfeiture may submit a request for compensation, an affidavit, and supporting documentation to the district attorney to request compensation from the forfeiture proceeds.

(f) Within fourteen days after the date a seizing agency notifies the court that all property forfeited has been sold and all proceeds and money have been deposited in the registry of the court where the forfeiture order was entered, the seizing agency may submit a motion, an affidavit, and supporting documentation to the court for reimbursement of expenses consistent with this section. In its motion, the seizing agency shall identify any other seizing agencies that participated in the seizure and specify the details of any intergovernmental agreement regarding sharing of proceeds. The seizing agency shall send a copy of this motion to the district attorney.

(g) The district attorney shall prepare a motion and proposed order for distribution based upon the motions and requests submitted by the parties. The order shall include allocation of one percent of the value of the property to the clerk of the court for the direct and indirect costs incurred by the clerk in implementing the provisions of this subsection (3). The district attorney shall send copies to all remaining interested parties.

(h) Any party shall have fourteen days after filing of the proposed order to file any objections to the proposed order filed by the district attorney.

(3.5) Instead of liens and encumbrances on real property being satisfied from the proceeds of sale, real property may be sold subject to all liens or encumbrances on record. The purchase of the property by the successful bidder under this subsection (3.5) shall be conditioned on the bidder satisfying and obtaining the release of the first and second priority liens within sixty-three days after the sale, or obtaining written authorization from those lien holders for the bidder to receive the sheriff's deed which shall be issued after such satisfaction or authorization. The purchaser of the property shall take title free of any lien, encumbrance, or cloud on the title recorded after title vests in the state pursuant to section 16-13-316.

(4) It is the intent of the general assembly that moneys allocated to a seizing agency pursuant to subsection (3) of this section shall not be considered a source of revenue to meet normal operating needs.

(5) If more than one seizing agency was substantially involved in effecting the forfeiture, the agencies shall enter into a stipulation with regard to costs incurred by the agencies and the percentage of any remaining proceeds to be deposited for the benefit of the agencies or any property to be directly forfeited for use of such agencies. Upon the filing by such agencies of such stipulation with the court, the court shall order the proceeds or property so distributed. If the agencies are unable to reach an agreement, the court shall take testimony and equitably distribute the proceeds.

(6) The state shall issue a certificate of title for a vehicle to the purchaser or seizing agency if said vehicle is acquired pursuant to this part 3.