CO Code § 16-11.7-103 (2021)
2021 Colorado Code|Title 16 - Criminal Proceedings|Article 11.7 - Standardized Treatment Program for Sex Offenders|§ 16-11.7-103. Sex Offender Management Board - Creation - Duties - Repeal

  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:   The chief justice of the supreme court shall appoint three members as follows:   One member who represents the judicial department;    One member who is a district court judge; and    One member who is a juvenile court judge or juvenile court magistrate;       The executive director of the department of corrections shall appoint one member who represents the department of corrections;    The executive director of the department of human services shall appoint three members as follows:   One member who represents the department of human services and who has recognizable expertise in child welfare and case management;    One member who represents the division of youth services in the department of human services; and    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;       The executive director of the department of public safety shall appoint sixteen members as follows:   One member who represents the division of criminal justice in the department of public safety;    Two members who are licensed mental health professionals with recognizable expertise in the treatment of adult sex offenders;    Two members who are licensed mental health professionals with recognizable expertise in the treatment of juveniles who have committed sexual offenses;    One member who is a member of a community corrections board;    One member who is a public defender with recognizable expertise related to sexual offenses;    One member who represents law enforcement with recognizable expertise in addressing sexual offenses and victimization;    Three members who are recognized experts in the field of sexual abuse and who can represent sexual abuse victims and victims' rights organizations;    One member who is a clinical polygraph examiner;    One member who is a private criminal defense attorney with recognizable expertise related to sexual offenses;    One member who is a county director of human or social services, appointed after consultation with a statewide group representing counties; and    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;       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    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.       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.    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.    Duties of the board.Standards for identification and evaluation of adult sex offenders.Guidelines and standards for treatment of adult offenders.Allocation of moneys in sex offender surcharge fund.Risk assessment screening instrument.Evaluation of policies and procedures - report.Criteria for measuring progress in treatment.Living arrangements for adult sex offenders - recommendations.Data collection from treatment providers.Standards for identification and evaluation of juvenile offenders.Guidelines and standards for treatment of juvenile offenders.Evaluation of policies and procedures for juvenile offenders.Educational materials. The board shall carry out the following duties:   Standards for identification and evaluation of adult sex offenders.   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.    Repealed.       Guidelines and standards for treatment of adult offenders.   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 he or she 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. 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).    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.    (A) Repealed.       Allocation of moneys 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.    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.    Evaluation of policies and procedures - report.   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).    Repealed.       Criteria for measuring progress in treatment.   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 (1), C.R.S., or whether the adult sex offender's level of supervision may be reduced pursuant to section (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.    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.       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.    Data collection from treatment providers.   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.    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.       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.      Guidelines and standards for treatment of juvenile offenders. The board shall develop, implement, and revise, as appropriate, guidelines and standards to treat juveniles who have committed sexual offenses, 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 juvenile offenders who are placed on probation, committed to the department of human services, 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 offender to prevent him or her from harming victims and potential victims. Programs must provide a continuing monitoring process and a continuum of treatment options available to a juvenile offender as he or she proceeds through the juvenile 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 justice system, including juveniles with behavioral, mental health, or co-occurring disorders. (j) (I) Guidelines and standards for treatment of juvenile offenders. The board shall develop, implement, and revise, as appropriate, guidelines and standards to treat juveniles who have committed sexual offenses, 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 juvenile offenders who are placed on probation, committed to the department of human services, 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 offender to prevent him or her from harming victims and potential victims. Programs must provide a continuing monitoring process and a continuum of treatment options available to a juvenile offender as he or she proceeds through the juvenile 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 justice system, including juveniles with behavioral, mental health, or co-occurring disorders.    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.       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).    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.       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.    Repeal.   This section is repealed, effective September 1, 2023. Before the repeal, this section is scheduled for review in accordance with section 24-34-104.    Prior to said repeal, the sex offender management board appointed pursuant to this section shall be reviewed as provided for in section 24-34-104, C.R.S.    Repealed.        History. Source: L. 92: Entire article added, p. 457, § 3, effective June 2. L. 94: IP(1), (1)(c), (1)(e), and (4)(c) amended, p. 2651, § 125, effective July 1. L. 95: (4)(a) and (4)(b) amended, p. 466, § 12, effective July 1. L. 96: (4)(b) and (4)(d) amended and (6) added, pp. 734, 735, §§ 1, 2, effective July 1. L. 97: IP(1), (1)(f), (1)(j), and (1)(k) amended and (1)(l) and (4)(c.5) added, p. 1565, §§ 11, 12, effective July 1. L. 98: IP(1), (4)(c.5), and (6)(b) amended and (1)(d.5) added, pp. 401, 402, §§ 9, 12, effective April 21; (4)(e) added, p. 1288, § 3, effective November 1. L. 99: (4)(c.5) amended, p. 1149, § 10, effective July 1. L. 2000: (1.5), (3)(c), (4)(f), (4)(g), (4)(h), and (4)(i) added, pp. 921, 922, §§ 10, 11, 12, effective July 1. L. 2001: IP(1), (4)(d), and (6)(a) amended, p. 238, § 1, effective March 28. L. 2002: (4)(j) added, p. 143, § 2, effective March 27; (4)(c.5) amended, p. 1184, § 15, July 1; (4)(e) amended, p. 1497, § 149, effective October 1. L. 2003: (4)(k) added, p. 632, § 2, effective March 18. L. 2006: (4)(c.5) amended, p. 1315, § 9, effective May 30. L. 2007: (1.8) and (3)(d) added, p. 111, §§ 1, 2, effective March 16; (1.7) added, p. 556, § 1, effective April 16. L. 2008: (4)(d)(II) and (4)(j) amended, p. 1884, § 22, effective August 5. L. 2010: (4)(l) added,(HB 10-1374), ch. 261, p. 1180, § 1, effective May 25. L. 2011: Entire section RC&RE,(HB 11-1138), ch. 236, p. 1016, § 3, effective May 27. L. 2016: (4)(a), (4)(b), (4)(h), (4)(i), (4)(j), and (6)(a) amended,(HB 16-1345), ch. 347, p. 1412, § 1, effective August 10. L. 2017: (4)(b)(I) and (4)(j)(I) amended,(SB 17-242), ch. 263, p. 1299, § 124, effective May 25; IP(1) and (1)(c)(II) amended,(HB 17-1329), ch. 381, p. 1968, § 14, effective June 6. L. 2018: (1)(d)(X) amended,(SB 18-092), ch. 38, p. 404, § 21, effective August 8. L. 2020: (6)(a) amended and (6)(c) added,(HB 20-1404), ch. 231, p. 1121, § 2, effective July 2. L. 2021: (6)(a) amended,(HB 21-1320), ch. 425, p. 2820, § 1, effective July 2.    Editor's note:    Subsection (6)(a) provided for the repeal of this section, effective July 1, 2010. (SeeL. 2001, p. 238.) However, this section was recreated in 2011.    Subsection (4)(e)(II)(B) provided for the repeal of subsection (4)(e)(II), effective July 1, 2012. (SeeL. 2011, p. 1016.)    Subsection (4)(a)(II)(B) provided for the repeal of subsection (4)(a)(II) and subsection (4)(b)(III)(B) provided for the repeal of subsection (4)(b)(III), effective July 1, 2018. (SeeL. 2016, p. 1412.)    Subsection (6)(c)(II) provided for the repeal of subsection (6)(c), effective September 1, 2021. (SeeL. 2020, p. 1121.)     Cross references:   For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 20-1404, see section 1 of chapter 231, Session Laws of Colorado 2020.   ANNOTATION   Law reviews. For article, “Colorado Preemption Law: The Evolving Meaning of ‘Conflict'”, see 48 Colo. Law. 38 (Apr. 2019).   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.   The sex offender risk scale meets the statutory requirements for a “risk assessment screening instrument”. The sex offender management board satisfied the objectives and criteria set forth in subsection (4)(c.5) for developing the screening instrument. People v. Brosh, 251 P.3d 456 (Colo. App. 2010) (decided prior to 2011 recreation and reenactment); People v. Mendoza, 313 P.3d 637 (Colo. App. 2011).   Defendant not entitled to a new sexually violent predator evaluation each time sex offender management board changes the evaluation instrument. The statute requires the board to revise the instrument from time to time, but does not require re-evaluation of offenders. People v. Mendoza, 313 P.3d 637 (Colo. App. 2011).