(1)
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:
(a) The chief justice of the supreme court shall appoint three members as
follows:
(I) One member who represents the judicial department;
(II) One member who is a district court judge; and
(III) One member who is a juvenile court judge or juvenile court magistrate;
(b) The executive director of the department of corrections shall appoint one
member who represents the department of corrections;
(c) The executive director of the department of human services shall appoint
three members as follows:
(I) One member who represents the department of human services and who
has recognizable expertise in child welfare and case management;
(II) One member who represents the division of youth services in the
department of human services; and
(III) 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;
(d) The executive director of the department of public safety shall appoint
sixteen members as follows:
(I) One member who represents the division of criminal justice in the
department of public safety;
(II) Two members who are licensed mental health professionals with
recognizable expertise in the treatment of adult sex offenders;
(III) Two members who are licensed mental health professionals with
recognizable expertise in the treatment of juveniles who have committed sexual
offenses;
(IV) One member who is a member of a community corrections board;
(V) One member who is a public defender with recognizable expertise
related to sexual offenses;
(VI) One member who represents law enforcement with recognizable
expertise in addressing sexual offenses and victimization;
(VII) Three members who are recognized experts in the field of sexual abuse
and who can represent sexual abuse victims and victims' rights organizations;
(VIII) One member who is a clinical polygraph examiner;
(IX) One member who is a private criminal defense attorney with
recognizable expertise related to sexual offenses;
(X) One member who is a county director of human or social services,
appointed after consultation with a statewide group representing counties; and
(XI) 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;
(e) 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
(f) 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.
(2) 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.
(3) 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.
(4) Duties of the board. The board shall carry out the following duties:
(a) Standards for identification and evaluation of adult sex offenders. (I)
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.
(II) Repealed.
(b) Guidelines and standards for treatment of adult offenders. (I) 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 the offender 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 and must
ensure, to the extent possible, that treatment is responsive to the age and
developmental status of the offender at the time of treatment, as well as the
linguistic, cultural, religious, and racial characteristics; sexual orientation, as
defined in section 24-34-301; gender identity, as defined in section 24-34-301; and
gender expression, as defined in section 24-34-301, of the offenders served. 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).
(II) 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.
(III) Repealed.
(c) Allocation of money 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.
(d) 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.
(e) Evaluation of policies and procedures - report. (I) 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).
(II) Repealed.
(f) Criteria for measuring progress in treatment. (I) 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 18-1.3-1006 (1), C.R.S., or whether the adult sex offender's level of supervision may be
reduced pursuant to section 18-1.3-1006 (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.
(II) 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.
(g) 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.
(h) Data collection from treatment providers. (I) 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.
(II) 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.
(h.5) Compliance reviews of treatment providers. Beginning September 1,
2024, and every two years thereafter, the board shall perform a compliance review
of at least ten percent of treatment providers.
(i) 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.
(j) (I) Guidelines and standards for treatment of juveniles who have
committed a sexual offense. The board shall develop, implement, and revise, as
appropriate, guidelines and standards to treat juveniles who have committed a
sexual offense, 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 juveniles who are placed on probation, committed to the
department of human services, sentenced to community corrections, sentenced to
the department of corrections, 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 to prevent the juvenile from
harming victims and potential victims. Programs must provide a continuing
monitoring process and a continuum of treatment options available as a juvenile
proceeds through the juvenile or criminal 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 or criminal justice system, including juveniles with
behavioral, mental health, or co-occurring disorders and must ensure, to the extent
possible, that treatment is responsive to the age and developmental status of the
juvenile at the time of treatment, as well as the linguistic, cultural, religious, and
racial characteristics; sexual orientation, as defined in section 24-34-301; gender
identity, as defined in section 24-34-301; and gender expression, as defined in
section 24-34-301, of the juveniles served.
(II) 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.
(k) 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).
(l) 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.
(m) Release guideline instrument for sex offenders with determinate
sentences.
(I) On or before December 1, 2023, and as indicated thereafter, the board, in
collaboration with the state board of parole, shall revise the specific sex offender
release guideline instrument, as required by section 17-22.5-404 (4)(c)(II), for use by
the state board of parole for those inmates classified as sex offenders with
determinate sentences. The revised release guideline instrument must incorporate
the concepts of risk-need-responsivity or another evidence-based correctional
model and must be as flexible as possible to ensure that the programs necessary
can be timely accessed by the adult sex offender to prevent the offender from
harming victims or potential victims. The revised release guideline instrument must
consider the intersection of the guideline instrument with the factors outlined in
section 17-22.5-404 (4)(a); however, the release guideline instrument must not
include the offender's inability to access treatment during incarceration, when
determined to be eligible for treatment within the department of corrections, as a
basis for denial of parole.
(II) In developing the revised release guideline instrument, the boards shall
consider current research, information, and data regarding:
(A) Factors consistent with the offender's individual static and dynamic risk
and whether participation in treatment while incarcerated will significantly reduce
the risk prior to release;
(B) The most effective use of limited treatment resources within the
department of corrections;
(C) The availability or lack of availability of treatment during incarceration
for offenders with determinate sentences who might otherwise be eligible for
release pursuant to section 17-22.5-404 (4)(a); and
(D) The efficacy of treatment as a condition of community supervision on
parole.
(5) 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.
(6) Repeal. This section is repealed, effective September 1, 2028. Before the
repeal, this section is scheduled for review in accordance with section 24-34-104.