(1) Beginning July 1,
2007, each of the following convicted offenders shall submit to and pay for
collection and a chemical testing of the offender's biological substance sample to
determine the genetic markers thereof, unless the offender has already provided a
biological substance sample for such testing pursuant to a statute of this state:
(a) Every offender who, on or after July 1, 2007, is in the custody of the
department of corrections based on a sentence imposed before that date, including
an offender on parole. The department shall collect the sample at least thirty-five
days prior to the offender's discharge or release from custody, release on parole, or
transfer to community corrections placement.
(b) (I) Every offender who, on or after July 1, 2007, is on probation under a
sentence imposed before that date for a conviction of:
(A) An offense involving unlawful sexual behavior or for which the factual
basis involved an offense involving unlawful sexual behavior, committed on or after
July 1, 1996;
(B) An offense involving unlawful sexual behavior, or for which the factual
basis involved an offense involving unlawful sexual behavior, committed before July
1, 1996, if the offender was on probation for the offense as of July 1, 2000;
(C) An offense that is a crime of violence as listed in section 18-1.3-406 (2),
C.R.S., committed on or after July 1, 1999;
(D) An offense that is a crime of violence as listed in section 18-1.3-406 (2),
C.R.S., committed before July 1, 1999, if the offender was on probation for the
offense as of July 1, 2000;
(E) Second degree murder in violation of section 18-3-103 (1), C.R.S.,
committed on or after July 1, 1999;
(F) Second degree murder in violation of section 18-3-103 (1), C.R.S.,
committed before July 1, 1999, if the offender was on probation for the conviction as
of July 1, 2000;
(G) First degree assault in violation of section 18-3-202 (1), C.R.S., committed
on or after July 1, 1999;
(H) First degree assault in violation of section 18-3-202 (1), C.R.S., committed
before July 1, 1999, if the offender was on probation for the conviction as of July 1,
2000;
(I) Second degree assault in violation of section 18-3-203 (1)(b), (1)(c), (1)(d),
(1)(g), or (2)(b.5), C.R.S., committed on or after July 1, 1999;
(J) Second degree assault in violation of section 18-3-203 (1)(b), (1)(c), (1)(d),
(1)(g), or (2)(b.5), C.R.S., committed before July 1, 1999, if the offender was on
probation for the conviction as of July 1, 2000;
(K) Second degree kidnapping in violation of section 18-3-302 (4), C.R.S.,
committed on or after July 1, 1999;
(L) Second degree kidnapping in violation of section 18-3-302 (4), C.R.S.,
committed before July 1, 1999, if the offender was on probation for the conviction as
of July 1, 2000;
(M) First degree arson in violation of section 18-4-102 (3), C.R.S., committed
on or after July 1, 1999;
(N) First degree arson in violation of section 18-4-102 (3), C.R.S., committed
before July 1, 1999, if the offender was on probation for the conviction as of July 1,
2000;
(O) First degree burglary in violation of section 18-4-202, C.R.S., committed
on or after July 1, 1999;
(P) First degree burglary in violation of section 18-4-202, C.R.S., committed
before July 1, 1999, if the offender was on probation for the conviction as of July 1,
2000;
(Q) Second degree burglary in violation of section 18-4-203, C.R.S.,
committed on or after July 1, 2000;
(R) Third degree burglary in violation of section 18-4-204, C.R.S., committed
on or after July 1, 2000;
(S) Aggravated robbery in violation of section 18-4-302 (4), C.R.S.,
committed on or after July 1, 1999;
(T) Aggravated robbery in violation of section 18-4-302 (4), C.R.S., committed
before July 1, 1999, if the offender was on probation for the conviction as of July 1,
2000; or
(U) Any other felony, if the offender was on probation for the conviction as of
July 1, 2000, and had been previously convicted of an offense involving unlawful
sexual behavior or for which the factual basis involved an offense involving
unlawful sexual behavior, an offense that is a crime of violence as listed in section
18-1.3-406 (2), C.R.S., second degree murder in violation of section 18-3-103 (1),
C.R.S., first degree assault in violation of section 18-3-202 (1), C.R.S., second degree
assault in violation of section 18-3-203 (1)(b), (1)(c), (1)(d), (1)(g), or (2)(b.5), C.R.S.,
second degree kidnapping in violation of section 18-3-302 (4), C.R.S., first degree
arson in violation of section 18-4-102 (3), C.R.S., first degree burglary in violation of
section 18-4-202, C.R.S., or aggravated robbery in violation of section 18-4-302 (4),
C.R.S.
(II) The judicial department or a probation department shall collect the
sample required by this subsection (1) at least thirty days prior to the offender's
scheduled termination of probation, but, in any event, by December 31, 2007.
(c) Every offender who, on or after July 1, 2007, is on a deferred judgment
and sentence as authorized in section 18-1.3-102, C.R.S., that was granted on or
after July 1, 1999, but before July 1, 2007, for an offense involving unlawful sexual
behavior or for which the factual basis involved an offense involving unlawful
sexual behavior. The judicial department or a probation department shall collect
the sample required by this subsection (1) at least thirty days prior to the offender's
scheduled termination of the deferred judgment, but, in any event, by October 1,
2007.
(d) Every offender who, on or after July 1, 2007, is in a county jail or a
community corrections facility pursuant to article 27 of title 17, C.R.S., based on a
sentence imposed before that date for a felony conviction. The sheriff or the
community corrections program shall collect the sample at least thirty-five days
prior to the offender's release from the custody of the county jail or community
corrections facility.
(e) Every offender who, on or after July 1, 2007, is in a county jail or a
community corrections facility based on a sentence imposed before that date for
conviction of a misdemeanor offense involving unlawful sexual behavior or for
which the factual basis involved an offense involving unlawful sexual behavior. The
sheriff or the community corrections program shall collect the sample at least
thirty-five days prior to the offender's release from the custody of the county jail or
community corrections facility.
(f) Every offender who, on or after July 1, 2007, is in the custody of the
youthful offender system based on a sentence imposed before that date, including
an offender on community supervision. The department of corrections shall collect
the sample at least thirty-five days prior to the offender's discharge or release from
custody or release to community supervision.
(g) Every offender sentenced on or after July 1, 2007, for a felony conviction;
except that this paragraph (g) shall not apply to an offender granted a deferred
judgment and sentencing as authorized in section 18-1.3-102, C.R.S., unless
otherwise required to submit to a sample pursuant to this section, or unless the
deferred judgment and sentencing is revoked and a sentence is imposed. The
sample shall be collected:
(I) From an offender sentenced to the department of corrections, by the
department during the intake process but in any event within thirty-five days after
the offender is received by the department;
(II) From an offender sentenced to county jail or community corrections, by
the sheriff or by the community corrections program within thirty-five days after
the offender is received into the custody of the county jail or the community
corrections facility;
(III) From an offender sentenced to probation, by the judicial department
within thirty-five days after the offender is placed on probation;
(IV) From an offender sentenced to the youthful offender system, by the
department of corrections within thirty-five days after the offender is received at
the youthful offender system; and
(V) From an offender who receives any other sentence or who receives a
suspended sentence, by the judicial department within thirty-five days after the
offender is sentenced or the sentence is suspended.
(h) Every offender who, on or after July 1, 2007, is sentenced for a conviction
of, or who receives a deferred judgment and sentence for, an offense involving
unlawful sexual behavior or for which the underlying factual basis involves unlawful
sexual behavior. The sample shall be collected:
(I) From an offender sentenced to county jail or community corrections, by
the sheriff or by the community corrections program within thirty-five days after
the offender is received into the custody of the county jail or the community
corrections facility;
(II) From an offender sentenced to probation, by the judicial department or a
probation department within thirty-five days after the offender is placed on
probation;
(III) From an offender who receives a deferred judgment and sentence, by
the judicial department or a probation department within thirty-five days after the
offender receives the deferred judgment and sentence; and
(IV) From an offender who receives any other sentence or who receives a
suspended sentence, by the judicial department or a probation department within
thirty-five days after the offender is sentenced or the sentence is suspended.
(2) For purposes of this section:
(a) Convicted means having received a verdict of guilty by a judge or jury or
having pled guilty or nolo contendere. Except where otherwise indicated,
convicted does not include deferred judgment and sentencing pursuant to section
18-1.3-102, C.R.S., unless the deferred judgment and sentence is revoked and a
sentence is imposed.
(b) Unlawful sexual behavior shall have the same meaning as provided in
section 16-22-102 (9).
(3) The judicial department, the department of corrections, a probation
department, a sheriff, or a contractor may:
(a) Use reasonable force to obtain biological substance samples in
accordance with this section using medically recognized procedures. In addition, an
offender's refusal to comply with this section may be grounds for revocation or
denial of parole, probation, suspension of sentence, or deferred judgment and
sentence. Failure to pay for collection and a chemical testing of a biological
substance sample shall be considered a refusal to comply if the offender has the
present ability to pay.
(b) Collect biological substance samples notwithstanding that collection
was not accomplished within an applicable deadline set forth in this section.
(4) Any moneys received from an offender pursuant to this section shall be
deposited in the offender identification fund created in section 24-33.5-415.6,
C.R.S.
(5) The Colorado bureau of investigation shall conduct the chemical testing
of the biological substance samples obtained pursuant to this section. The Colorado
bureau of investigation shall file and maintain the results thereof and shall furnish
the results to a law enforcement agency upon request. The Colorado bureau of
investigation shall store and preserve all biological substance samples obtained
pursuant to this section.
(6) This section shall not apply to juvenile adjudications under title 19, C.R.S.