(1) Effective July 1, 1998, the following persons are required to register pursuant to
section 16-22-108 and are subject to the requirements and other provisions
specified in this article 22:
(a) Any person who was convicted on or after July 1, 1991, in the state of
Colorado of an unlawful sexual offense, as defined in section 18-3-411 (1),
enticement of a child, as described in section 18-3-305, or internet luring of a child,
as described in section 18-3-306 (3);
(b) Any person who was convicted on or after July 1, 1991, in another state or
jurisdiction, including but not limited to a military, tribal, territorial, or federal
jurisdiction, of an offense that, if committed in Colorado, would constitute an
unlawful sexual offense, as defined in section 18-3-411 (1), C.R.S., enticement of a
child, as described in section 18-3-305, C.R.S., or internet luring of a child, as
described in section 18-3-306, C.R.S.; and
(c) Any person who was released on or after July 1, 1991, from the custody of
the department of corrections of this state or any other state, having served a
sentence for an unlawful sexual offense, as defined in section 18-3-411 (1), C.R.S.,
enticement of a child, as described in section 18-3-305, C.R.S., or internet luring of
a child, as described in section 18-3-306, C.R.S.
(2) (a) On and after July 1, 1994, any person who is convicted in the state of
Colorado of unlawful sexual behavior or of another offense, the underlying factual
basis of which involves unlawful sexual behavior, or any person who is released
from the custody of the department of corrections having completed serving a
sentence for unlawful sexual behavior or for another offense, the underlying
factual basis of which involved unlawful sexual behavior, shall be required to
register in the manner prescribed in section 16-22-104, section 16-22-106 or 16-22-107, whichever is applicable, and section 16-22-108.
(b) A person shall be deemed to have been convicted of unlawful sexual
behavior if he or she is convicted of one or more of the offenses specified in section
16-22-102 (9), or of attempt, solicitation, or conspiracy to commit one or more of the
offenses specified in said section.
(c) (I) For convictions entered on or after July 1, 2002, a person shall be
deemed to be convicted of an offense, the underlying factual basis of which
involves unlawful sexual behavior, if:
(A) The person is convicted of an offense that requires proof of unlawful
sexual behavior as an element of the offense; or
(B) The person is convicted of an offense and is eligible for and receives an
enhanced sentence based on a circumstance that requires proof of unlawful sexual
behavior; or
(C) The person was originally charged with unlawful sexual behavior or with
an offense that meets the description in sub-subparagraph (A) or (B) of this
subparagraph (I), the person pleads guilty to an offense that does not constitute
unlawful sexual behavior, and, as part of the plea agreement, the person admits,
after advisement as provided in subparagraph (III) of this paragraph (c), that the
underlying factual basis of the offense to which he or she is pleading guilty involves
unlawful sexual behavior; or
(D) The person was charged with and convicted of an offense that does not
constitute unlawful sexual behavior and the person admits on the record, after
advisement as provided in subparagraph (III) of this paragraph (c), that the
underlying factual basis of the offense involved unlawful sexual behavior.
(II) If a person is originally charged with unlawful sexual behavior or with an
offense that meets the description in sub-subparagraph (A) or (B) of subparagraph
(I) of this paragraph (c), the court may accept a plea agreement to an offense that
does not constitute unlawful sexual behavior only if:
(A) The district attorney stipulates that the underlying factual basis of the
offense to which the person is pleading guilty does not involve unlawful sexual
behavior; or
(B) The person admits, after advisement as provided in subparagraph (III) of
this paragraph (c), that the underlying factual basis of the offense to which he or
she is pleading guilty involves unlawful sexual behavior.
(III) The advisement provided for purposes of this paragraph (c), in addition to
meeting the requirements of the Colorado rules of criminal procedure, shall advise
the person that admitting that the underlying factual basis of the offense to which
the person is pleading or of which the person is convicted involves unlawful sexual
behavior will have the collateral result of making the person subject to the
requirements of this article. Notwithstanding any provision of this paragraph (c) to
the contrary, failure to advise a person pursuant to the provisions of this
subparagraph (III) shall not constitute a defense to the offense of failure to register
as a sex offender if there is evidence that the defendant had actual notice of the
duty to register.
(IV) In any case in which a person is deemed to have been convicted of an
offense, the underlying factual basis of which involves unlawful sexual behavior, as
provided in this paragraph (c), the judgment of conviction shall specify that the
person is convicted of such an offense and specify the particular crime of unlawful
sexual behavior involved.
(V) The provisions of this paragraph (c) shall apply to juveniles for purposes
of determining whether a juvenile is convicted of an offense, the underlying factual
basis of which involves unlawful sexual behavior.
(d) (I) Notwithstanding any other provision of this section, any stipulation by
a district attorney and any finding by the court with regard to whether the offense
of which the person is convicted includes an underlying factual basis involving
unlawful sexual behavior, as defined in section 16-22-102, shall be binding on the
department of corrections for purposes of classification. On or after July 1, 2008, if
the department of corrections receives a mittimus that does not indicate the
necessary findings as required by subsection (2)(c)(II) of this section, the
department shall notify the court and request that the court enter the necessary
findings pursuant to subsection (2)(c)(II) of this section.
(II) The department of corrections shall have the authority to make a
determination that a person is a sex offender, as defined in section 16-11.7-102
(2)(a), for the purposes of classification and treatment if:
(A) The person has one or more prior convictions for a sex offense as defined
in section 16-11.7-102 (3);
(B) The person has a prior offense for which a determination has been made
by the court that the underlying factual basis involved a sex offense as defined in
section 16-11.7-102 (3); or
(C) The person has been classified as a sex offender in accordance with
procedures established by the department of corrections.
(III) The procedures established by the department of corrections to classify
a person as a sex offender shall require that:
(A) The classification proceeding be conducted by a licensed attorney who
shall serve as an administrative hearing officer;
(B) The offender's attorney be permitted to attend, represent, and assist the
offender at the classification proceeding; and
(C) The offender be entitled to written notice of the reason for the
proceeding, disclosure of the evidence to be presented against him or her, an
opportunity to be heard in person and to present witnesses and documentary
evidence, the right to confront and cross-examine adverse witnesses, unless the
administrative hearing officer finds good cause for not allowing confrontation, and
written findings and conclusions indicating the evidence and reasons relied upon
for the classification as a sex offender.
(IV) Notwithstanding any statutory provisions to the contrary, the
department of corrections shall ensure that all procedures and policies comply with
the federal Prison Rape Elimination Act of 2003, Pub.L. 108-79, as amended.
(3) (a) In addition to the persons specified in subsections (1) and (2) of this
section, and except as set forth in subsection (3)(b) of this section, any person
convicted of an offense in any other state or jurisdiction, including but not limited to
a military or federal jurisdiction, for which the person, as a result of the conviction,
is required to register if the person resided in the state or jurisdiction of conviction,
or for which the person would be required to register if convicted in Colorado, is
required to register in the manner specified in section 16-22-108, so long as the
person is a temporary or permanent resident of Colorado. The person may petition
the court for an order to discontinue the requirement for registration in this state at
the times specified in section 16-22-113 for offense classifications that are
comparable to the classification of the offense for which the person was convicted
in the other state or jurisdiction. The person may petition the court for an order to
discontinue the requirement for registration in this state for offense classifications
that the person would not be required to register for if convicted in Colorado.
(b) If a juvenile is required to register only pursuant to subsection (3)(a) of
this section and the juvenile's duty to register in another state or jurisdiction has
been terminated by a court order, or if a trial court has determined that the juvenile
is not required to register in that state or jurisdiction, then the juvenile is not
required to fulfill the requirements for registration in Colorado, as set forth in
section 16-22-108, and is therefore not required to petition the court for removal
from the Colorado sex offender registry pursuant to section 16-22-113.
(4) This article 22 applies to any person who receives a disposition or is
adjudicated a juvenile delinquent based on the commission of any act that may
constitute unlawful sexual behavior or who receives a deferred adjudication based
on commission of any act that may constitute unlawful sexual behavior; except
that, with respect to section 16-22-113 (1)(a) to (1)(e), a person who is adjudicated or
receives a disposition as a juvenile may petition the court for an order to
discontinue the duty to register as provided in those subsections, but only if the
person has not subsequently been convicted as an adult of any offense involving
unlawful sexual behavior or convicted as an adult of another offense, the
underlying factual basis of which involves unlawful sexual behavior. In addition, the
duty to provide notice to a person of the duty to register, as set forth in sections 16-22-105 to 16-22-107, applies to juvenile parole and probation officers and
appropriate personnel of the division of youth services in the department of human
services. If a person is required to register pursuant to this article 22 due to an
adjudication or disposition as a juvenile, the duty to register automatically
terminates either when the person reaches twenty-five years of age or seven years
from the date the juvenile was required to register, whichever occurs later.
(5) (a) Notwithstanding any provision of this article 22 to the contrary, if,
pursuant to a motion filed by a person described in this subsection (5) or on its own
motion, a court determines that exempting the person from the registration
requirement would not pose a significant risk to the community, the court, upon
consideration of the totality of the circumstances, may exempt the person from the
registration requirements imposed pursuant to this section if:
(I) The person was younger than eighteen years of age at the time of the
commission of the offense; and
(II) The person has not been previously adjudicated or received a disposition
for a separate offense involving unlawful sexual behavior; and
(III) The person was adjudicated or received a disposition for any offense of
unlawful sexual behavior or another offense, the underlying factual basis of which
involved unlawful sexual behavior; and
(IV) The person has received an evaluation that conforms with the standards
developed pursuant to section 16-11.7-103 (4)(i) from an evaluator who meets the
standards established by the sex offender management board, and the evaluator
recommends exempting the person from the registration requirements based upon
the best interests of that person and the community; and
(IV.5) The court has considered a written or oral statement by the victim of
the offense for which the juvenile would otherwise be required to register, if
provided by the victim, on the question of whether the juvenile should be exempted
from the statutory duty to register as a sex offender; and
(V) The court makes written findings of fact specifying the grounds for
granting such exemption.
(b) Any defendant who files a motion pursuant to this subsection (5) or the
court, if considering its own motion, shall provide notice of the motion to the
prosecuting district attorney. In addition, the court shall provide notice of the
motion to the victim of the offense. Prior to deciding the motion, the court shall
conduct a hearing on the motion at which both the district attorney and the victim
shall have opportunity to be heard.
(6) Any person who is required to register pursuant to this section and fails
to do so or otherwise fails to comply with the provisions of this article may be
subject to prosecution for the offense of failure to register as a sex offender, as
described in section 18-3-412.5, C.R.S. Failure of any governmental entity or any
employee of any governmental entity to comply with any requirement of this article
shall not constitute a defense to the offense of failure to register as a sex offender
if there is evidence that the defendant had actual notice of the duty to register.