summary
Introduced
01/10/2018
01/10/2018
In Committee
03/20/2018
03/20/2018
Crossed Over
03/02/2018
03/02/2018
Passed
04/13/2018
04/13/2018
Dead
Signed/Enacted/Adopted
04/23/2018
04/23/2018
Introduced Session
2018 Regular Session
Bill Summary
Under current law, a person is required to register as a sex offender (registrant) in Colorado if he or she is a Colorado resident and is required to register in another state. The bill states that a Colorado resident only has to register in Colorado for an out-of-state conviction if the person would be required to register in Colorado if the conviction occurred in Colorado. In addition, a registrant is required to register in person at his or her local law enforcement agency. The bill allows the law enforcement agency to waive the in-person registration requirement after initial registration if the person suffers from a physical or intellectual disability to the extent that it is a severe hardship to register in person. If the waiver is authorized, the law enforcement agency must reregister the registrant after verifying the registrant's address and provide documentation of the waiver to the Colorado bureau of investigation and any other law enforcement agency with which the person registers. Under current law, specified registrants can file a petition to discontinue registration. The bill requires the court to grant a petition to discontinue registration if the registrant has successfully completed his or her sentence, the registrant has not been convicted of a subsequent sex offense, and the required waiting period has expired unless the prosecuting attorney or victim objects and presents credible evidence that the registrant is likely to commit a subsequent offense of unlawful sexual behavior. Notwithstanding any statutory barriers to the contrary, the bill allows a registrant or his or her legal representative to file a petition to discontinue registration if the registrant is incapacitated and does not present an unacceptable public safety risk. The court shall grant the petition if the petitioner shows that the registrant is incapacitated, does not present an unacceptable public safety risk, and is not likely to commit a subsequent sex offense.
AI Summary
This bill makes several changes to sex offender registration requirements in Colorado:
1. It allows Colorado residents with out-of-state convictions to only register in Colorado if they would have been required to register for that offense if it occurred in Colorado.
2. It allows law enforcement agencies to waive the in-person registration requirement for registrants with severe physical or intellectual disabilities that make it a hardship to register in person, as long as the agency verifies the registrant's address and notifies the victim.
3. It expands the circumstances under which a registrant can petition the court to discontinue registration, including allowing those who are incapacitated and do not present an unacceptable public safety risk to petition. The court must grant the petition if certain criteria are met.
4. It requires the Colorado Bureau of Investigation and local law enforcement agencies to remove the registrant's information from the sex offender registry if the court grants a petition to discontinue registration.
The bill also requires the court and law enforcement to notify victims when a registrant files a petition to discontinue registration.
Committee Categories
Justice
Sponsors (4)
Last Action
Governor Signed (on 04/23/2018)
Official Document
bill text
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bill summary
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bill summary
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