§ 16-22-111 — Internet posting of sex offenders - procedure

Colorado § 16-22-111

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Colorado Sex Offender Registration Act

Text

(1) The CBI shall
post a link on the state of Colorado home page on the internet to a list containing
the names, addresses, and physical descriptions of certain persons and
descriptions of the offenses committed by said persons. A person's physical
description must include, but need not be limited to, the person's sex, height, and
weight, any identifying characteristics of the person, and a digitized photograph or
image of the person. The list must specifically exclude any reference to any victims
of the offenses. The list must specifically exclude persons who are required to
register solely because they were adjudicated or received dispositions as juveniles
but must include the following persons:

(a) Any person who is a sexually violent predator;

(b) Any person sentenced as or found to be a sexually violent predator under
the laws of another state or jurisdiction;

(c) Any person who is required to register pursuant to section 16-22-103 and
who has been convicted as an adult of two or more of the following offenses:

(I) A felony offense involving unlawful sexual behavior; or

(II) A crime of violence as defined in section 18-1.3-406, C.R.S.; and

(d) Any person who is required to register pursuant to section 16-22-103
because the person was convicted of a felony as an adult and who fails to register
as required by section 16-22-108.

(1.5) In addition to the posting required by subsection (1) of this section, the
CBI may post a link on the state of Colorado home page on the internet to a list,
including but not limited to the names, addresses, and physical descriptions of any
person required to register pursuant to section 16-22-103, as a result of a conviction
for a felony. A person's physical description shall include, but need not be limited
to, the person's sex, height, weight, and any other identifying characteristics of the
person. The list shall specifically exclude any reference to any victims of the
offenses.

(2) (a) For purposes of paragraph (d) of subsection (1) of this section, a
person's failure to register shall be determined by the CBI. Whenever the CBI's
records show that a person has failed to register as required by this article, the CBI
shall forward to each law enforcement agency with which the person is required to
register notice of the person's failure to register by the required date. Each law
enforcement agency, within three business days after receiving the notice, shall
submit to the CBI written confirmation of the person's failure to register. Upon
receipt of the written confirmation from the law enforcement agency, the CBI shall
post the information concerning the person on the internet as required in this
section.

(b) If a local law enforcement agency files criminal charges against a person
for failure to register as a sex offender, as described in section 18-3-412.5, C.R.S.,
the local law enforcement agency shall notify the CBI. On receipt of the
notification, the CBI shall post the information concerning the person on the
internet, as specified in subsection (1) of this section.

(3) The internet posting required by this section shall be in addition to any
other release of information authorized pursuant to this article or pursuant to part 9
of article 13 of this title, or any other provision of law.

Legislative History

Source: L. 2002: Entire article added, p. 1174, � 1, effective July 1; (1)(c)(II) amended, p. 1567, � 394, effective October 1. L. 2004: (1)(b) and (2) amended, p. 1117, � 13, effective May 27. L. 2005: (1.5) added, p. 615, � 3, effective May 27. L. 2021: IP(1) amended, (HB 21-1064), ch. 320, p. 1966, � 6, effective September 1.