CO Code § 16-22-108 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 22 - Colorado Sex Offender Registration Act|§ 16-22-108. Registration - Procedure - Frequency - Place - Change of Address - Fee

      Each person who is required to register pursuant to section 16-22-103 shall register with the local law enforcement agency in each jurisdiction in which the person resides. A local law enforcement agency shall accept the registration of a person who lacks a fixed residence; except that the law enforcement agency is not required to accept the person's registration if it includes a residence or location that would violate state law or local ordinance. If the residence or location with which the person attempts to register constitutes such a violation, the law enforcement agency shall so advise the person and give the person an opportunity to secure an alternate location within five days. (a) (I)Each person who is required to register pursuant to section 16-22-103 shall register with the local law enforcement agency in each jurisdiction in which the person resides. A local law enforcement agency shall accept the registration of a person who lacks a fixed residence; except that the law enforcement agency is not required to accept the person's registration if it includes a residence or location that would violate state law or local ordinance. If the residence or location with which the person attempts to register constitutes such a violation, the law enforcement agency shall so advise the person and give the person an opportunity to secure an alternate location within five days.    Each person who is required to register pursuant to section 16-22-103 shall initially register or, if sentenced on or after January 1, 2005, confirm his or her initial registration within five business days after release from incarceration for commission of the offense requiring registration or within five business days after receiving notice of the duty to register, if the person was not incarcerated. The person shall register with the local law enforcement agency during business hours by completing a standardized registration form provided to the person by the local law enforcement agency and paying the registration fee imposed by the local law enforcement agency as provided in subsection (7) of this section. After the initial registration, the local law enforcement agency may waive the requirement that the person reregister in person if the registrant suffers from a chronic physical or intellectual disability that substantially limits the person's ability to function independently and participate in major life activities to the extent that it is a severe hardship to reregister in person and there is a medical record of such disability. If the law enforcement agency waives the requirement to reregister in person, the law enforcement agency shall reregister the person after verifying the person's current address with the person and at least one other reliable source which may include: His or her caregiver, his or her family, the facility where the person resides, or another source of verification satisfactory to the law enforcement agency. The law enforcement agency shall provide verification of the waiver, by the submission of a form developed by the CBI, to the CBI and any other law enforcement agency with which the registrant is required to register. If the law enforcement agency issues such a waiver, every three years the agency must determine whether the registrant still meets the waiver requirements and reauthorize the waiver. If the law enforcement agency issues a waiver or reauthorizes the waiver, the law enforcement agency shall also notify the victim of the offense for which the petitioner is required to register, if the victim of the offense has requested notice and provided contact information. The CBI shall provide standardized registration forms to the local law enforcement agencies pursuant to section 16-22-109.       Except as otherwise provided in paragraph (d) of this subsection (1), each person who is required to register pursuant to section 16-22-103 shall reregister within five business days before or after the person's first birthday following initial registration and annually within five business days before or after the person's birthday thereafter. Such person shall reregister pursuant to this paragraph (b) with the local law enforcement agency of each jurisdiction in which the person resides within five business days before or after his or her birthday, in the manner provided in paragraph (a) of this subsection (1).    Each person who is required to register pursuant to section 16-22-103 and who establishes an additional residence shall, within five business days after establishing an additional residence in any city, town, county, or city and county within Colorado, register with the local law enforcement agency of the jurisdiction in which he or she establishes the additional residence. The person shall register in said jurisdiction in the manner provided in paragraph (a) of this subsection (1) and shall reregister as provided in paragraph (b) of this subsection (1) or paragraph (d) of this subsection (1), whichever is applicable, in said jurisdiction so long as the person resides in said jurisdiction. For purposes of this paragraph (c), “additional residence” shall include, when the person's residence is a trailer or motor home, an address at which the person's trailer or motor home is lawfully located.      Any person who is a sexually violent predator and any person who is convicted as an adult of any of the offenses specified in subsection (1)(d)(II) of this section has a duty to register for the remainder of his or her natural life; except that, if the person receives a deferred judgment and sentence for one of the offenses specified in subsection (1)(d)(II) of this section, the person's duty to register may discontinue as provided in section 16-22-113 (1)(d). In addition to registering as required in subsection (1)(a) of this section, the person shall reregister within five business days before or after the date that is three months after the date on which the person was released from incarceration for commission of the offense requiring registration or, if the person was not incarcerated, after the date on which he or she received notice of the duty to register. The person shall register within five business days before or after that date every three months thereafter until the person's birthday. The person shall reregister within five business days before or after his or her next birthday and shall reregister within five business days before or after that date every three months thereafter. The person shall reregister pursuant to this subsection (1)(d) with the local law enforcement agency of each jurisdiction in which the person resides or in any jurisdiction if the person lacks a fixed residence on the reregistration date, in the manner provided in subsection (1)(a) of this section. (d) (I) Any person who is a sexually violent predator and any person who is convicted as an adult of any of the offenses specified in subsection (1)(d)(II) of this section has a duty to register for the remainder of his or her natural life; except that, if the person receives a deferred judgment and sentence for one of the offenses specified in subsection (1)(d)(II) of this section, the person's duty to register may discontinue as provided in section 16-22-113 (1)(d). In addition to registering as required in subsection (1)(a) of this section, the person shall reregister within five business days before or after the date that is three months after the date on which the person was released from incarceration for commission of the offense requiring registration or, if the person was not incarcerated, after the date on which he or she received notice of the duty to register. The person shall register within five business days before or after that date every three months thereafter until the person's birthday. The person shall reregister within five business days before or after his or her next birthday and shall reregister within five business days before or after that date every three months thereafter. The person shall reregister pursuant to this subsection (1)(d) with the local law enforcement agency of each jurisdiction in which the person resides or in any jurisdiction if the person lacks a fixed residence on the reregistration date, in the manner provided in subsection (1)(a) of this section. (I.5) (A) A person convicted as an adult of an offense in another state or jurisdiction, including but not limited to a military or federal jurisdiction, who, as a result of the conviction, is required to register quarterly as a sex offender in the state or jurisdiction of conviction is required to register as provided in subsection (1)(d)(I) of this section, so long as the person is a temporary or permanent resident of Colorado.    The provisions of this paragraph (d) shall apply to persons convicted of one or more of the following offenses:   Felony sexual assault, in violation of section 18-3-402, C.R.S., or sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000, or felony sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000; or    Sexual assault on a child in violation of section 18-3-405, C.R.S.; or    Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; or    Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; or    Incest, in violation of section 18-6-301, C.R.S.; or    Aggravated incest, in violation of section 18-6-302, C.R.S.          Notwithstanding the time period for registration specified in paragraph (a) of this subsection (1), any person who is discharged from the department of corrections of this state or another state without supervision shall register in the manner provided in paragraph (a) of this subsection (1) no later than the next business day following discharge.       Persons who reside within the corporate limits of any city, town, or city and county shall register at the office of the chief law enforcement officer of such city, town, or city and county; except that, if there is no chief law enforcement officer of the city, town, or city and county in which a person resides, the person shall register at the office of the county sheriff of the county in which the person resides. Persons who reside outside of the corporate limits of any city, town, or city and county shall register at the office of the county sheriff of the county where such person resides. (2.5)   Any person who is required to register pursuant to section 16-22-103 and who has been convicted of a child sex crime shall be required to register all e-mail addresses, instant-messaging identities, or chat room identities prior to using the address or identity. The entity that accepts the registration of a person required to register all e-mail addresses shall make a reasonable effort to verify all e-mail addresses provided by the person.    Notwithstanding the provisions of paragraph (a) of this subsection (2.5), a person shall not be required to register an employment e-mail address if:   The person's employer provided the e-mail address for use primarily in the course of the person's employment;    The e-mail address identifies the employer by name, initials, or other commonly recognized identifier; and    The person required to register is not an owner or operator of the employing entity that provided the e-mail address.       For purposes of this section, “child sex crime” means sexual assault on a child, as described in section 18-3-405, C.R.S.; sexual assault on a child by one in a position of trust, as described in section 18-3-405.3, C.R.S.; unlawful sexual contact, as described in section 18-3-404 (1.5), C.R.S.; enticement of a child, as described in section 18-3-305, C.R.S.; aggravated incest, as described in section 18-6-302 (1)(b), C.R.S.; human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.; sexual exploitation of children, as described in section 18-6-403, C.R.S.; procurement of a child for sexual exploitation, as described in section 18-6-404, C.R.S.; soliciting for child prostitution, as described in section 18-7-402, C.R.S.; pandering of a child, as described in section 18-7-403, C.R.S.; procurement of a child, as described in section 18-7-403.5, C.R.S.; keeping a place of child prostitution, as described in section 18-7-404, C.R.S.; pimping of a child, as described in section 18-7-405, C.R.S.; inducement of child prostitution, as described in section 18-7-405.5, C.R.S.; patronizing a prostituted child, as described in section 18-7-406, C.R.S.; internet luring of a child, as described in section 18-3-306, C.R.S.; internet sexual exploitation of a child, as described in section 18-3-405.4, C.R.S.; wholesale promotion of obscenity to a minor, as described in section 18-7-102 (1.5), C.R.S.; promotion of obscenity to a minor, as described in section 18-7-102 (2.5), C.R.S.; sexual assault, as described in section 18-3-402 (1)(d) and (1)(e), C.R.S.; sexual assault in the second degree as it existed prior to July 1, 2000, as described in section 18-3-403 (1)(e) and (1)(e.5), C.R.S.; or criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this paragraph (c).    The entity that accepts the registration of a person required to register all e-mail addresses, instant-messaging identities, or chat room identities pursuant to paragraph (a) of this subsection (2.5) shall require the person to sign a statement that the e-mail addresses, instant-messaging identities, or chat room identities provided on the registration form are e-mail addresses, instant-messaging identities, or chat room identities that the person has the authority to use. The statement shall also state that providing false information related to the person's e-mail addresses, instant-messaging identities, or chat room identities may constitute a misdemeanor or felony criminal offense. This signed statement constitutes a reasonable effort to verify all e-mail addresses provided by the person as required by paragraph (a) of this subsection (2.5), but does not preclude additional verification efforts.       Any person who is required to register pursuant to section 16-22-103 shall be required to register within five business days before or after each time the person:   Changes such person's address, regardless of whether such person has moved to a new address within the jurisdiction of the law enforcement agency with which such person previously registered;  (a.5) Changes the address at which a vehicle, trailer, or motor home is located, if the vehicle, trailer, or motor home is the person's place of residence, regardless of whether the new address is within the jurisdiction of the law enforcement agency with which such person previously registered;     Legally changes such person's name;    Establishes an additional residence in another jurisdiction or an additional residence in the same jurisdiction;    Becomes employed or changes employment or employment location, if employed at an institution of postsecondary education;    Becomes enrolled or changes enrollment in an institution of postsecondary education, or changes the location of enrollment;    Becomes a volunteer or changes the volunteer work location, if volunteering at an institution of postsecondary education;    Changes his or her e-mail address, instant-messaging identity, or chat room identity, if the person is required to register that information pursuant to subsection (2.5) of this section. The person shall register the e-mail address, instant-messaging identity, or chat room identity prior to using it.    Ceases to lack a fixed residence and establishes a residence; or    Ceases to reside at an address and lacks a fixed residence.           Any time a person who is required to register pursuant to section 16-22-103 ceases to reside at an address, the person shall register with the local law enforcement agency for his or her new address and include the address at which the person will no longer reside and all addresses at which the person will reside. The person shall file the new registration form within five business days after ceasing to reside at an address. The local law enforcement agency that receives the new registration form shall inform the previous jurisdiction of the cancellation of that registration and shall electronically notify the CBI of the registration cancellation. (a) (I)Any time a person who is required to register pursuant to section 16-22-103 ceases to reside at an address, the person shall register with the local law enforcement agency for his or her new address and include the address at which the person will no longer reside and all addresses at which the person will reside. The person shall file the new registration form within five business days after ceasing to reside at an address. The local law enforcement agency that receives the new registration form shall inform the previous jurisdiction of the cancellation of that registration and shall electronically notify the CBI of the registration cancellation.    Any time a person who is required to register pursuant to section 16-22-103 ceases to reside at an address and moves to another state, the person shall notify the local law enforcement agency of the jurisdiction in which said address is located by completing a written registration cancellation form, available from the local law enforcement agency. At a minimum, the registration cancellation form shall indicate the address at which the person will no longer reside and all addresses at which the person will reside. The person shall file the registration cancellation form within five business days after ceasing to reside at an address. A local law enforcement agency that receives a registration cancellation form shall electronically notify the CBI of the registration cancellation. If the person moves to another state, the CBI shall promptly notify the agency responsible for registration in the other state.       If a person fails to submit the new registration form or registration cancellation form as required in paragraph (a) of this subsection (4) and the address at which the person is no longer residing is a group facility, officials at such facility may provide information concerning the person's cessation of residency to the local law enforcement agency of the jurisdiction in which the address is located. If the person is a juvenile or developmentally disabled and fails to submit the registration cancellation form as required in paragraph (a) of this subsection (4) and the address at which the person is no longer residing is the residence of his or her parent or legal guardian, the person's parent or legal guardian may provide information concerning the person's cessation of residency to the local law enforcement agency of the jurisdiction in which the address is located. Any law enforcement agency that receives such information shall reflect in its records that the person no longer resides at said group facility or the parent's or legal guardian's residence and shall transmit such information to the CBI. Provision of information by a group facility or a person's parent or legal guardian pursuant to this paragraph (b) shall not constitute a defense to a charge of failure to register as a sex offender.       During the initial registration process for a temporary resident, the local law enforcement agency with which the temporary resident is registering shall provide the temporary resident with the registration information specified in section 16-22-105. A temporary resident who is required to register pursuant to the provisions of section 16-22-103 shall, within five business days after arrival in Colorado, register with the local law enforcement agency of each jurisdiction in which the temporary resident resides.    Any person required to register pursuant to section 16-22-103, at the time the person registers with any local law enforcement agency in this state, and thereafter when annually reregistering on the person's birthday or the first business day following the birthday as required in paragraph (b) of subsection (1) of this section, shall sit for a current photograph or image of himself or herself and shall supply a set of fingerprints to verify the person's identity. The person shall bear the cost of the photograph or image and fingerprints.      A local law enforcement agency may establish a registration fee to be paid by persons registering and reregistering annually or quarterly with the local law enforcement agency pursuant to the provisions of this section. The amount of the fee shall reflect the actual direct costs incurred by the local law enforcement agency in implementing the provisions of this article but shall not exceed seventy-five dollars for the initial registration with the local law enforcement agency and twenty-five dollars for any subsequent annual or quarterly registration.    The local law enforcement agency may waive the fee for an indigent person. For all other persons, the local law enforcement agency may pursue payment of the fee through a civil collection process or any other lawful means if the person is unable to pay at the time of registration. A local law enforcement agency shall accept a timely registration in all circumstances even if the person is unable to pay the fee at the time of registration.    A local law enforcement agency may not charge a fee to a person who provides an update to his or her information pursuant to subsection (3) of this section.         If a person whose duty to register has automatically terminated pursuant to section 16-22-103 (4) either attempts to register or inquires with local law enforcement as to whether the duty to register has automatically terminated, local law enforcement shall advise the person that the person's duty to register terminated, remove the person from any local law enforcement registry, and notify the CBI that the person's duty to register has terminated.    A local law enforcement agency or the CBI may establish a fee to determine whether a person's duty to register has terminated pursuant to section 16-22-103 (4). The amount of the fee must reflect the actual direct costs incurred but must not exceed fifteen dollars. The fee may be waived for an indigent person.        (B) A person convicted as an adult of an offense in another state or jurisdiction, including but not limited to a military or federal jurisdiction, which conviction would require the person to register as provided in subsection (1)(d)(I) of this section if the conviction occurred in Colorado, is required to register as provided in subsection (1)(d)(I) of this section, so long as the person is a temporary or permanent resident of Colorado.   History. Source: L. 2002: Entire article added, p. 1167, § 1, effective July 1; (3) amended, p. 1201, § 3, effective July 1. L. 2004: (1)(a), (1)(b), (1)(d)(I), (1)(d)(II)(A), (1)(e), (3)(d), (5), and (6) amended and (1)(d)(I.5) and (7) added, pp. 1112, 1114, §§ 8, 9, effective May 27. L. 2007: (1)(c) amended and (3)(a.5) added, p. 211, §§ 2, 3, effective March 26; (2.5) and (3)(g) added and (3)(e) and (3)(f) amended, pp. 1680, 1681, §§ 1, 2, effective July 1. L. 2010: (2.5)(c) amended,(SB 10-140), ch. 156, p. 537, § 7, effective April 21. L. 2011: (1)(b), IP(3), (3)(a.5), (4), and (7) amended,(HB 11-1278), ch. 224, p. 961, § 6, effective May 27. L. 2012: (1)(a), (1)(d)(I), IP(3), and (3)(f) amended and (3)(h) and (3)(i) added,(HB12-1346), ch. 220, p. 942, § 4, effective July 1. L. 2014: (2.5)(c) amended,(HB 14-1273), ch. 282, p. 1153, § 14, effective July 1. L. 2018: (1)(a)(II) and (1)(d)(I) amended,(SB 18-026), ch. 143, p. 921, § 2, effective August 8. L. 2021: (1)(d)(I.5) amended and (8) added,(HB 21-1064), ch. 320, p. 1964, § 3, effective September 1.    ANNOTATION   Residency of sex offenders. A municipal ordinance that effectively bans all felony and many misdemeanor sex offenders from living within its boundaries, but draws no distinctions based upon the nature of the offense, the treatment the offender has received, the risk that he or she will reoffend against children, and the evaluation and recommendations of qualified state officials, is preempted by state law. Ryals v. City of Englewood, 962 F. Supp. 2d 1236 (D. Colo. 2013 ). But see Ryals v. City of Englewood, 2016 CO 8, 364 P.3d 900.   City ordinance that effectively bars certain sex offenders from residing within the city is not preempted by state law. Ryals v. City of Englewood, 2016 CO 8, 364 P.3d 900.   The regulation of sex offender residency is, under the present pattern of state laws, a matter of mixed state and local concern. Ryals v. City of Englewood, 962 F. Supp. 2d 1236 (D. Colo. 2013 ); Ryals v. City of Englewood, 2016 CO 8, 364 P.3d 900.   The operational effect of the municipal ordinance impermissibly conflicts with the application and effectuation of the state interest in the uniform treatment, management, rehabilitation, and reintegration of sex offenders during and after state supervision. The ordinance not only undermines the underlying policy interests that envelop the existing state regulations, but it also operationally forbids what the state scheme allows. Ryals v. City of Englewood, 962 F. Supp. 2d 1236 (D. Colo. 2013 ). But see Ryals v. City of Englewood, 2016 CO 8, 364 P.3d 900, annotated above.   Eviction, homelessness, or lack of a fixed residence do not negate requirement to register within five days of release into community. The requirement for initial registration as a sex offender is based on number of days following release into the community and is not tied to where an individual is living or whether that location changed during the five-day period. People v. Wilson, 2017 COA 89 , __ P.3d __.   Defendant charged under former version of registration statute is properly registered if he or she registers either on his or her birthday or the first business day thereafter. Court may not infer the intent of the general assembly by review of a subsequent amendment to the statute, and plain meaning of prior statute allowed for registration on either day. People v. Duncan, 109 P.3d 1044 (Colo. App. 2004) (decided under former § 18-3-412.5 (3)(a)(I) ).   A violation of subsection (3)(i) of this section must be charged under the catchall provision of § 18-3-412.5 (1) , and not under § 18-3-412.5 (1) (g). If, in 2012, the general assembly had intended to broaden the meaning of § 18-3-412.5 (1)(g) , it could have amended that provision to explicitly include the situation of a sex offender who lacks a fixed residence. People v. Jones, 2017 COA 116 , 405 P.3d 504.