(1)The
general assembly finds that persons convicted of offenses involving unlawful
sexual behavior have a reduced expectation of privacy because of the public's
interest in public safety. The general assembly further finds that the public must
have access to information concerning persons convicted of offenses involving
unlawful sexual behavior that is collected pursuant to this article to allow them to
adequately protect themselves and their children from these persons. The general
assembly declares, however, that, in making this information available to the public,
as provided in this section and section 16-22-110 (6), it is not the general assembly's
intent that the information be used to inflict retribution or additional punishment on
any person convicted of unlawful sexual
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(1) The
general assembly finds that persons convicted of offenses involving unlawful
sexual behavior have a reduced expectation of privacy because of the public's
interest in public safety. The general assembly further finds that the public must
have access to information concerning persons convicted of offenses involving
unlawful sexual behavior that is collected pursuant to this article to allow them to
adequately protect themselves and their children from these persons. The general
assembly declares, however, that, in making this information available to the public,
as provided in this section and section 16-22-110 (6), it is not the general assembly's
intent that the information be used to inflict retribution or additional punishment on
any person convicted of unlawful sexual behavior or of another offense, the
underlying factual basis of which involves unlawful sexual behavior.
(2) (a) A local law enforcement agency shall release information regarding
any person, except for a person who is required to register solely because the
person was adjudicated or received a disposition as a juvenile, registered with the
local law enforcement agency pursuant to this article 22 to any person residing
within the local law enforcement agency's jurisdiction. In addition, the local law
enforcement agency may post the information specified in subsection (2)(b) of this
section on the law enforcement agency's website.
(b) A local law enforcement agency may post on its website sex offender
registration information of a person from its registration list only if the person is:
(I) An adult convicted of a felony requiring the adult to register pursuant to
section 16-22-103; or
(II) An adult convicted of a second or subsequent offense of any of the
following misdemeanors:
(A) Sexual assault as described in section 18-3-402 (1)(e), C.R.S.;
(B) Unlawful sexual contact as described in section 18-3-404, C.R.S.;
(C) Sexual assault on a client as described in section 18-3-405.5 (2), C.R.S.;
(D) Sexual exploitation of a child by possession of sexually exploitive
material as described in section 18-6-403, C.R.S.;
(E) Indecent exposure as described in section 18-7-302, C.R.S.; or
(F) Sexual conduct in a correctional institution as described in section 18-7-701, C.R.S.
(III) and (IV) Repealed.
(3) (a) (Deleted by amendment, L. 2005, p. 612, � 2, effective May 27, 2005.)
(b) At its discretion, a local law enforcement agency may release information
regarding any person, except for a person who is required to register solely
because the person was adjudicated or received a disposition as a juvenile,
registered with the local law enforcement agency pursuant to this article 22 to any
person who does not reside within the local law enforcement agency's jurisdiction
or may post the information specified in subsection (2)(b) of this section on the law
enforcement agency's website. If a local law enforcement agency does not elect to
release information regarding any person registered with the local law enforcement
agency to a person not residing within the local law enforcement agency's
jurisdiction, the local law enforcement agency may submit a request from the
person to the CBI.
(c) (Deleted by amendment, L. 2005, p. 612, � 2, effective May 27, 2005.)
(d) Upon receipt of a request for information from a law enforcement agency
pursuant to this subsection (3), the CBI shall mail the requested information to the
person making the request.
(e) (Deleted by amendment, L. 2007, p. 648, � 1, effective April 26, 2007.)
(3.5) To assist members of the public in protecting themselves from persons
who commit offenses involving unlawful sexual behavior, a local law enforcement
agency that chooses to post sex offender registration information on its website
shall either post educational information concerning protection from sex offenders
on its website or provide a link to the educational information included on the CBI
website maintained pursuant to section 16-22-111. A local law enforcement agency
that posts the educational information shall work with the sex offender
management board created pursuant to section 16-11.7-103 and sexual assault
victims' advocacy groups in preparing the educational information.
(4) Information released pursuant to this section, at a minimum, shall include
the name, address or addresses, and aliases of the registrant; the registrant's date
of birth; a photograph of the registrant, if requested and readily available; and a
history of the convictions of unlawful sexual behavior resulting in the registrant
being required to register pursuant to this article. Information concerning victims
shall not be released pursuant to this section.
(5) Any information released pursuant to this section shall include in writing
the following statement:
The Colorado sex offender registry includes only those persons who have been
required by law to register and who are in compliance with the sex offender
registration laws. Persons should not rely solely on the sex offender registry as a
safeguard against perpetrators of sexual assault in their communities. The crime
for which a person is convicted may not accurately reflect the level of risk.