reglab/housing_qa huggingface dataset:
CO Code § 18-1.3-906 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-906. Commencement of Proceedings

 Within twenty-one days after the conviction of a sex offense, upon the motion of the district attorney, the defendant, or the court, the court shall commence proceedings under this part 9 by ordering the district attorney to prepare a notice of the commencement of proceedings and to serve that notice upon the defendant personally.   History. Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. L. 2012: Entire section amended,(SB 12-175), ch. 208, p. 867, § 113, effective July 1.    Editor's note:   This section is similar to former § 16-13-205 as it existed prior to 2002.   ANNOTATION   Annotator's note. Since § 18-1.3-906 is similar to § 16-13-205 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing those provisions have been included in the annotations to this section.   Conviction as basis for commencing action. This section does not make the commission of a specified crime the basis for sentencing; rather it makes one conviction the basis for commencing another proceeding under the sex offenders act to determine whether a person constitutes a threat of bodily harm to the public, or is an habitual offender and mentally ill. Specht v. Patterson, 386 U.S. 605, 87 S. Ct. 1209, 18 L. Ed. 2d 326 (1967) (decided under repealed § 39-19-1 , C.R.S. 1963).   Any defendant convicted either by plea or trial by court or jury may request commencement of proceedings under the act within 20 days following the conviction. People v. Medina, 193 Colo. 190 , 564 P.2d 119 (1977).   Where trial court failed to meet certain deadlines contained in the statutes, the trial court could not, on its own motion, sentence the defendant under the Sex Offender's Act of 1968. People v. Wortham, 928 P.2d 771 (Colo. App. 1996).   Applied in People v. Lyons, 196 Colo. 384 , 585 P.2d 916 (1978).
CO Code § 18-1.3-907 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-907. Defendant to Be Advised of Rights

  Upon the commencement of proceedings, the court shall advise the defendant, orally and in writing, that:   The defendant is to be examined in accordance with the provisions of section 18-1.3-908;    The defendant has a right to counsel, and, if the defendant is indigent, counsel will be appointed to represent him or her;    The defendant has a right to remain silent;    An evidentiary hearing will be held pursuant to section 18-1.3-911, and the defendant and his or her counsel will be furnished with copies of all reports prepared for the court pursuant to sections 18-1.3-908 and 18-1.3-909 at least fourteen days prior to the evidentiary hearing.       The written advisement of rights may be incorporated into the notice of commencement of proceedings.     History. Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. L. 2012: (1)(d) amended,(SB 12-175), ch. 208, p. 867, § 114, effective July 1.    Editor's note:   This section is similar to former § 16-13-206 as it existed prior to 2002.   ANNOTATION   Rights of defendant under due process. Under Colorado's criminal procedure the invocation of the sex offenders act means the making of a new charge leading to criminal punishment. Due process requires that he be present with counsel, have an opportunity to be heard, be confronted with witnesses against him, have the right to cross-examine, and to offer evidence of his own. And there must be findings adequate to make meaningful any appeal that is allowed. Specht v. Patterson, 386 U.S. 605, 87 S. Ct. 1209, 18 L. Ed. 2d 326 (1967) (decided under repealed § 39-19-1 , C.R.S. 1963).
CO Code § 18-1.3-908 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-908. Psychiatric Examination and Report

     After advising the defendant of his or her rights, the court shall forthwith commit the defendant to the Colorado mental health institute at Pueblo, the university of Colorado psychiatric hospital, or the county jail.    If committed to the Colorado mental health institute at Pueblo or the university of Colorado psychiatric hospital, the defendant shall be examined by two psychiatrists of the receiving institution.    If committed to the county jail, the defendant shall be examined by two psychiatrists appointed by the court.         The examining psychiatrists shall make independent written reports to the court which shall contain the opinion of the psychiatrist as to whether the defendant, if at large, constitutes a threat of bodily harm to members of the public.    The written reports shall also contain opinions concerning:   Whether the defendant is mentally deficient;    Whether the defendant could benefit from psychiatric treatment; and    Whether the defendant could be adequately supervised on probation.          The examinations shall be made and the reports filed with the court and the probation department within sixty-three days after the commencement of proceedings, and this time may not be enlarged by the court.      History. Source: L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1. L. 2012: (3) amended,(SB 12-175), ch. 208, p. 867, § 115, effective July 1.    Editor's note:   This section is similar to former § 16-13-207 as it existed prior to 2002.   ANNOTATION   Annotator's note. Since § 18-1.3-908 is similar to § 16-13-207 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing those provisions have been included in the annotations to this section.   The requirements of this section are: (1) That there should be a complete psychiatric examination; (2) that there should be a complete written report containing all facts and findings, together with recommendations as to whether the person was treatable under the provisions of the article; (3) and that the report contain a psychiatrist's opinion as to whether the person could be adequately supervised on probation. Ray v. People, 160 Colo. 173 , 415 P.2d 328 (1966) (decided under repealed § 39-19-2 , C.R.S. 1963).   Order for removal of a defendant to another state for psychiatric examination in connection with proceedings held solely in Colorado issued without statutory authority. People v. District Court, 195 Colo. 14 , 575 P.2d 7 (1978).   Where trial court failed to meet certain deadlines contained in the statutes, the trial court could not, on its own motion, sentence the defendant under the Sex Offender's Act of 1968. People v. Wortham, 928 P.2d 771 (Colo. App. 1996).   Applied in People v. White, 656 P.2d 690 (Colo. 1983).
CO Code § 18-1.3-909 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-909. Report of Probation Department

  Upon the commencement of proceedings under this part 9, the court shall order an investigation and report to be made by the probation officer similar to the presentence report provided for in section 16-11-102, C.R.S.    The report shall be filed with the court within seventy-seven days after the commencement of proceedings, and this time may not be enlarged by the court.     History. Source: L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1. L. 2012: (2) amended, SB 12-175), ch. 208, p. 867, § 116, effective July 1.    Editor's note:   This section is similar to former § 16-13-208 as it existed prior to 2002.   ANNOTATION   Applied in People v. White, 656 P.2d 690 (Colo. 1983) (decided prior to 2002 relocation of § 16-13-208 ).
CO Code § 18-1.3-910 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-910. Termination of Proceedings

 After reviewing the reports of the psychiatrists and the probation officer, the court may terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.   History. Source: L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-209 as it existed prior to 2002.   ANNOTATION   Annotator's note. Since § 18-1.3-910 is similar to § 16-13-209 as it existed prior to the 2002 relocation of certain criminal sentencing provisions, relevant cases construing those provisions have been included in the annotations to this section.   Sentencing alternative does not involve a constitutional right. From the wording of the sex offenders act, it appears that a defendant may require the commencement of a hearing. However, the matter of whether there should be sentencing under the act is an alternative which may be granted or denied by the court, once the psychiatrist's and probation officer's reports have been filed and reviewed. This being a sentencing alternative, a constitutional right is not attained. People v. Breazeale, 190 Colo. 17 , 544 P.2d 970 (1975).   There is no constitutional or statutory right to be sentenced under the sex offenders act. People v. Medina, 193 Colo. 190 , 564 P.2d 119 (1977).   Termination of proceedings did not violate legislative intent. Where the court did not continue with proceedings under the sex offenders act, including the holding of a hearing, legislative intent was not violated. People v. Breazeale, 190 Colo. 17 , 544 P.2d 970 (1975).   The provisions of this act vest the trial court with discretion to commit a defendant under an alternate sentence. People v. Breazeale, 190 Colo. 17 , 544 P.2d 970 (1975).   Imposition of an indeterminate sentence under the act is totally within the discretion of the trial court. People v. Medina, 193 Colo. 190 , 564 P.2d 119 (1977).   Finding not requiring sentencing under act. A finding by the court “that the defendant, if at large, constitutes a threat of bodily harm to members of the public” does not require a person to be sentenced under the act if the court makes such a finding. People v. Breazeale, 190 Colo. 17 , 544 P.2d 970 (1975).
CO Code § 18-1.3-913 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-913. Appeal

 The defendant may appeal an adverse finding made pursuant to section 18-1.3-912 in the same manner as is provided by law for other criminal appeals.   History. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-212 as it existed prior to 2002.
CO Code § 18-1.3-914 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-914. Time Allowed on Sentence

 If the proceedings under this part 9 are terminated by the court, as provided in section 18-1.3-910 or 18-1.3-912 (3) , the court shall deduct the time from the commencement of proceedings to the termination of proceedings from the minimum sentence of the defendant.   History. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-213 as it existed prior to 2002.
CO Code § 18-1.3-915 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-915. Costs

 The costs of the maintenance of the prisoner during the pendency of proceedings under this part 9 and the costs of the psychiatric examinations and reports shall be paid by the state of Colorado.   History. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-214 as it existed prior to 2002.
CO Code § 18-1.3-916 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 9 - Sentencing of Sex Offenders|§ 18-1.3-916. Diagnostic Center as Receiving Center

 The diagnostic center, as defined in section 17-40-101 (1.5), C.R.S., shall be the receiving center for all persons committed pursuant to section 18-1.3-904 .   History. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-215 as it existed prior to 2002.
CO Code § 18-1.3-1001 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 10 - Lifetime Supervision of Sex Offenders|§ 18-1.3-1001. Legislative Declaration

 The general assembly hereby finds that the majority of persons who commit sex offenses, if incarcerated or supervised without treatment, will continue to present a danger to the public when released from incarceration and supervision. The general assembly also finds that keeping all sex offenders in lifetime incarceration imposes an unacceptably high cost in both state dollars and loss of human potential. The general assembly further finds that some sex offenders respond well to treatment and can function as safe, responsible, and contributing members of society, so long as they receive treatment and supervision. The general assembly therefore declares that a program under which sex offenders may receive treatment and supervision for the rest of their lives, if necessary, is necessary for the safety, health, and welfare of the state.   History. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-801 as it existed prior to 2002.   ANNOTATION   Colorado Sex Offender Lifetime Supervision Act of 1998 (SOLSA) adheres to the state constitution's single-subject title requirement and does not violate the constitution's clear expression requirement. The matters of sentencing, parole, and probation are all means of accomplishing SOLSA's single objective of lifetime supervision of convicted sex offenders. All three mechanisms are forms of supervision because they restrict the liberty of convicted sex offenders and limit the danger these individuals pose to the public. SOLSA is not unconstitutional merely because the terms “sentencing”, “parole”, and “probation” are not mentioned in its title. People v. Montgomery, 2014 COA 166 , 342 P.3d 593.
CO Code § 18-1.3-1002 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 10 - Lifetime Supervision of Sex Offenders|§ 18-1.3-1002. Short Title

 This part 10 shall be known and may be cited as the “Colorado Sex Offender Lifetime Supervision Act of 1998”.   History. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-802 as it existed prior to 2002.
CO Code § 18-1.3-1003 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 10 - Lifetime Supervision of Sex Offenders|§ 18-1.3-1003. Definitions

 As used in this part 10, unless the context otherwise requires:    “Department” means the department of corrections.    “Management board” means the sex offender management board created in section 16-11.7-103, C.R.S.    “Parole board” means the state board of parole created in section 17-2-201, C.R.S.    “Sex offender” means a person who is convicted of or pleads guilty or nolo contendere to a sex offense.      “Sex offense” means any of the following offenses:   (A) Sexual assault, as described in section 18-3-402; or    Sexual assault in the second degree, as described in section 18-3-403 as it existed prior to July 1, 2000;    (A) Felony unlawful sexual contact, as described in section 18-3-404 (2); or    Sexual assault on a child, as described in section 18-3-405;    Sexual assault on a child by one in a position of trust, as described in section 18-3-405.3;    Aggravated sexual assault on a client by a psychotherapist, as described in section 18-3-405.5 (1);    Enticement of a child, as described in section 18-3-305;    Incest, as described in section 18-6-301;    Aggravated incest, as described in section 18-6-302;    Patronizing a prostituted child, as described in section 18-7-406;    Class 4 felony internet luring of a child, in violation of section 18-3-306 (3);    Internet sexual exploitation of a child, in violation of section 18-3-405.4; or    Class 3 felony unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.       “Sex offense” also includes criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in paragraph (a) of this subsection (5) if such criminal attempt, conspiracy, or solicitation would constitute a class 2, 3, or 4 felony.        History. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1. L. 2005: (5)(b) amended, p. 765, § 26, effective June 1. L. 2006: (5)(a)(XI) and (5)(a)(XII) added, p. 2055, § 3, effective July 1. L. 2012: (4) amended,(HB 12-1310), ch. 268, p. 1402, § 23, effective June 7. L. 2019: (5)(a)(XI) and (5)(a)(XII) amended and (5)(a)(XIII) added,(HB 19-1250), ch. 287, p. 2664, § 4, effective July 1.    Editor's note:   This section is similar to former § 16-13-803 as it existed prior to 2002.   ANNOTATION   Law reviews. For article, “Adult Parole in Colorado: An Overview”, see 44 Colo. Law. 37 (May 2015).   Conviction of any offense listed in subsection (5) must result in a mandatory indeterminate sentence under § 18-1.3-1004 . People v. Harrison, 165 P.3d 859 (Colo. App. 2007).   Criminal attempt to commit a sexual assault is considered a sex offense if the attempt constitutes a class 2, 3, or 4 felony. People v. King, 151 P.3d 594 (Colo. App. 2006).
CO Code § 18-1.3-1005 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 10 - Lifetime Supervision of Sex Offenders|§ 18-1.3-1005. Parole - Intensive Supervision Program

  The department shall establish an intensive supervision parole program for sex offenders sentenced to incarceration and subsequently released on parole pursuant to this part 10. In addition, the parole board may require a person, as a condition of parole, to participate in the intensive supervision parole program established pursuant to this section if the person is convicted of:   Indecent exposure, as described in section 18-7-302;    Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in section 18-1.3-1003 (5)(a), which attempt, conspiracy, or solicitation would constitute a class 5 felony; or    Any of the offenses specified in section 16-22-102 (9)(j), (9)(k), (9)(l), (9)(n), (9)(o), (9)(p), (9)(q), (9)(r), or (9)(s), C.R.S. (1.5) In addition to the persons specified in subsection (1) of this section, the parole board shall require, as a condition of parole, any person convicted of felony failure to register as a sex offender, as described in section 18-3-412.5 , who is sentenced to incarceration and subsequently released on parole, to participate in the intensive supervision parole program established pursuant to this section.       The department shall require that sex offenders and any other persons in the intensive supervision parole program established pursuant to this section receive the highest level of supervision that is provided to parolees. The intensive supervision parole program may include, but is not limited to, severely restricted activities, daily contact between the sex offender or other person and the community parole officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, including physiological monitoring, and payment of restitution. In addition, the intensive supervision parole program shall be designed to minimize the risk to the public to the greatest extent possible.    The executive director of the department shall establish and enforce standards and criteria for administration of the intensive supervision parole program created pursuant to this section.     History. Source: L. 2002: Entire article added with relocations, p. 1438, § 2, effective October 1. L. 2008: (2) amended, p. 659, § 13, effective April 25. L. 2012: (1)(c) amended,(HB 12-1310), ch. 268, p. 1402, § 25, effective June 7.    Editor's note:   This section is similar to former § 16-13-805 as it existed prior to 2002.
CO Code § 18-1.3-1009 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 10 - Lifetime Supervision of Sex Offenders|§ 18-1.3-1009. Criteria for Release From Incarceration, Reduction in Supervision, and Discharge

  On or before July 1, 1999, the management board, in collaboration with the department of corrections, the judicial department, and the parole board, shall establish:   The criteria by and the manner in which a sex offender may demonstrate that he or she would not pose an undue threat to the community if released on parole or to a lower level of supervision while on parole or probation or if discharged from parole or probation. The court and the parole board may use the criteria to assist in making decisions concerning release of a sex offender, reduction of the level of supervision for a sex offender, and discharge of a sex offender.    The methods of determining whether a sex offender has successfully progressed in treatment; and    Standards for community entities that provide supervision and treatment specifically designed for 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 sex offender may pose to the community.        History. Source: L. 2002: Entire article added with relocations, p. 1442, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-809 as it existed prior to 2002.
CO Code § 18-1.3-1012 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 10 - Lifetime Supervision of Sex Offenders|§ 18-1.3-1012. Applicability of Part

 The provisions of this part 10 shall apply to any person who commits a sex offense on or after November 1, 1998.   History. Source: L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1.    Editor's note:   This section is similar to former § 16-13-812 as it existed prior to 2002.
CO Code § 18-1.3-1101 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1.3 - Sentencing in Criminal Cases|Part 11 - Special Proceedings - Pretrial Motions in Class 1 Felony Cases Alleging That a Defendant Is a Mentally Retarded Defendant|§ 18-1.3-1101. Definitions

 As used in this part 11:    “Defendant” means any person charged with a class 1 felony.    “Mentally retarded defendant or defendant with an intellectual and developmental disability” means any defendant with significantly subaverage general intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested and documented during the developmental period. The requirement for documentation may be excused by the court upon a finding that extraordinary circumstances exist.     History. Source: L. 2002: Entire article added with relocations, p. 1444, § 2, effective October 1. L. 2018: (2) amended,(SB 18-096), ch. 44, p. 469, § 2, effective August 8.    Editor's note:   This section is similar to former § 16-9-401 as it existed prior to 2002.   Cross references:   For the legislative declaration in SB 18-092, see section 1 of chapter 44, Session Laws of Colorado 2018.