2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › OFFENDERS - REGISTRATION (§§ 16-20.5-101 — 16-23-105) › Article 22 - COLORADO SEX OFFENDER REGISTRATION ACT (§§ 16-22-101 — 16-22-115) › Section 16-22-109 - Registration forms - local law enforcement agencies - duties - report

(1)
The director of the CBI shall prescribe standardized forms to be used to comply with this article, and the CBI shall provide copies of the standardized forms to the courts, probation departments, community corrections programs, the department of corrections, the department of human services, and local law enforcement agencies. The standardized forms may be provided in electronic form. The standardized forms shall be used to register persons pursuant to this article and to enable persons to cancel registration, as necessary. The standardized forms shall provide that the persons required to register pursuant to section
16-22-103
disclose such information as is required on the standardized forms. The information required on the standardized forms shall include, but need not be limited to:
(a)
The name, date of birth, address, and place of employment of the person required to register, and, if the place of employment is at an institution of postsecondary education, all addresses and locations of the institution of postsecondary education at which the person may be physically located;
(a.3)
If the person's place of residence is a trailer or motor home, the address at which the trailer or motor home is lawfully located and the vehicle identification number, license tag number, registration number, and description, including color scheme, of the trailer or motor home;
(a.5)
If the person is volunteering at an institution of postsecondary education, all addresses and locations of the institution of postsecondary education at which the person may be physically located;
(a.7)
If the person enrolls or is enrolled in an institution of a postsecondary education, all addresses and locations of the institution of postsecondary education at which the person attends classes or otherwise participates in required activities;
(a.9)
If a person lacks a fixed residence, any public or private locations where the person may be found or habitually sleeps, which information may include, but need not be limited to, cross-streets, intersections, directions to or identifiable landmarks of the locations, or any other information necessary to accurately identify the locations;
(b)
All names used at any time by the person required to register, including both aliases and legal names;
(c)
For any person who is a temporary resident of the state, the person's address in his or her state of permanent residence and the person's place of employment in this state or the educational institution in which he or she is enrolled in this state and, if the temporary resident of the state is enrolled in, employed by, or volunteers at an institution of postsecondary education, all addresses and locations of the institution of postsecondary education at which the temporary resident attends classes or otherwise participates in required activities or works or performs volunteer activities;
(d)
The name, address, and location of any institution of postsecondary education where the person required to register is enrolled;
(e)
The name, address, and location of any institution of postsecondary education where the person required to register volunteers;
(f)
The vehicle identification number, license tag number, registration number, and description, including color scheme, of any motor vehicle owned or leased by the person;
(g)
All e-mail addresses, instant-messaging identities, and chat room identities to be used by the person if the person is required to register that information pursuant to section
16-22-108
(2.5).
(2)
The standardized forms prepared by the CBI pursuant to this section, including electronic versions of said forms, shall be admissible in court without exclusion on hearsay or other evidentiary grounds and shall be self-authenticating as a public record pursuant to the Colorado rules of evidence.
(3)
Upon receipt of any completed registration form pursuant to this article, the local law enforcement agency shall retain a copy of such form and shall report the registration to the CBI in the manner and on the standardized form prescribed by the director of the CBI. The local law enforcement agency shall, within three business days after the date on which a person is required to register, report to the CBI such registration and, if it is the registrant's first registration with the local law enforcement agency, transmit the registrant's fingerprints to the CBI. The local law enforcement agency shall transfer additional sets of fingerprints only when requesting CBI to conduct a comparison. The local law enforcement agency shall transmit a photograph of a registrant only upon request of the CBI.
(3.5)
(a)
The local law enforcement agency with which a person registers pursuant to this article shall, as soon as possible following the registrant's first registration with the local law enforcement agency and at least annually thereafter, verify the residential address reported by the registrant on the standardized form; except that, if the registrant is a sexually violent predator, the local law enforcement agency shall verify the registrant's residential address quarterly.
(b)
If a person registers as "lacks a fixed residence", verification of the location or locations reported by the person shall be accomplished by the self-verification enhanced reporting process as described in paragraph (c) of this subsection (3.5). A local law enforcement agency shall not be required to verify the physical location of a person who is required to comply with the self-verification enhanced reporting process.
(c)
(I)
In addition to any other requirements pursuant to this article, a person who is subject to annual registration and who lacks a fixed residence shall, at least every three months, report to the local law enforcement agency in whose jurisdiction or jurisdictions the person is registered for the self-verification enhancement reporting of the location or locations where the person remains without a fixed residence. The self-verification process shall be accomplished consistent with any time schedule established by the local jurisdiction, which may include a time schedule that is within five business days before or after the person's birthday. The person shall be required to verify his or her location or locations and verify any and all information required to be reported pursuant to this section.
(II)
In addition to any other requirements pursuant to this article, a person who is subject to quarterly registration or registration every three months and who lacks a fixed residence shall, at least every month, report to each local law enforcement agency in whose jurisdiction the person is registered for the self-verification enhanced reporting of the location or locations where the person remains without a fixed residence. The self-verification process shall be accomplished consistent with any time schedule established by the local jurisdiction, which may include a time schedule that is within five business days before or after the person's birthday. The person shall be required to verify his or her location or locations and verify any and all information required to be reported pursuant to this section.
(III)
A person required to register pursuant to this article who lacks a fixed residence and who fails to comply with the provisions of subparagraphs (I) and (II) of this paragraph (c) is subject to prosecution for the crime of failure to verify location as defined in section
18-3-412.6
, C.R.S.
(d)
Beginning on July 1, 2012, and ending January 1, 2015, the Colorado bureau of investigation and each local law enforcement agency, subject to available resources, shall report every six months to the department of public safety the number of persons who registered without a fixed residence. The department may require additional information to be reported. By March 31, 2015, the department shall assess the effectiveness of the registration for offenders who lack a fixed residence.
(4)
The forms completed by persons required to register pursuant to this article 22 are confidential and are not open to inspection by the public or any person other than law enforcement personnel, except as provided in sections
16-22-110(6)
,
16-22-111
,
16-22-112
, and
25-1-124.5
.
(5)
Notwithstanding any provision of this article to the contrary, a requirement for electronic notification or electronic transmission of information specified in this article shall be effective on and after January 1, 2005. Prior to said date, or if an agency does not have access to electronic means of transmitting information, the notification and information requirements shall be met by providing the required notification or information by a standard means of transmittal.
Amended by 2021 Ch. 320,§4, eff. 9/1/2021.
L. 2002: Entire article added, p. 1170, § 1, effective July 1; (1) amended, p. 1201, § 4, effective July 1. L. 2003: (5) RC&RE, p. 760, § 4, effective March 25. L. 2004: (1)(a), (1)(a.5), and (3) amended, (3.5) added, and (5) RC&RE, p. 1115, §§ 10, 11, effective May 27. L. 2006: (1)(a.3) added, p. 1005, § 2, effective July 1. L. 2007: IP(1) and (1)(a.3) amended and (1)(f) added, p. 210, § 1, effective March 26; IP(1) amended and (1)(g) added, p. 1682, § 3, effective July 1. L. 2012: (1)(a.9) added and (3.5) amended, (HB 12-1346), ch. 943, p. 943, § 5, effective July 1. L. 2021: (4) amended, (HB 21-1064), ch. 1964, p. 1964, § 4, effective September 1.
Subsection (5)(b) provided for the repeal of subsection (5), effective January 1, 2003. (See L. 2002, p. 1170.) However, subsection (5) was recreated March 25, 2003. Subsection (5)(b) provided for the repeal of subsection (5) once again, effective January 1, 2004. (See L. 2003, p. 760.) However, subsection (5) was recreated May 27, 2004.