(1)The chief
officer of the institution where a defendant has been committed under this article 8
or article 8.5 of this title 16, or the chief officer's designee, may authorize treatment
and rehabilitation activities involving temporary physical removal of the defendant
from the institution where the defendant has been placed, if prior to the
authorization the following procedures are carried out:
(a)The chief officer, or the chief officer's designee, shall give written notice
by certified mail, with return receipt requested, to the committing court and the
district attorney that on or after thirty-five days from the date of mailing the notice,
the chief officer, or the chief officer's designee, will authorize treatment and
rehabilitation activities involving temporary physica
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(1) The chief
officer of the institution where a defendant has been committed under this article 8
or article 8.5 of this title 16, or the chief officer's designee, may authorize treatment
and rehabilitation activities involving temporary physical removal of the defendant
from the institution where the defendant has been placed, if prior to the
authorization the following procedures are carried out:
(a) The chief officer, or the chief officer's designee, shall give written notice
by certified mail, with return receipt requested, to the committing court and the
district attorney that on or after thirty-five days from the date of mailing the notice,
the chief officer, or the chief officer's designee, will authorize treatment and
rehabilitation activities involving temporary physical removal of the defendant from
the institution, unless written objections to the authorization are received by the
chief officer, or the chief officer's designee, within thirty-five days from the date of
mailing the notice.
(b) The clerk of the committing court shall deliver a copy of the notice
described in subsection (1)(a) of this section to the attorney of record for the
defendant. The district attorney or the attorney of record for the defendant may file
objections with the clerk of the committing court to the proposed action of the chief
officer of the institution where the defendant is held, or the chief officer's designee.
The party making the objections shall deliver a copy of the objections, either by
mail or by personal service, to the chief officer, or the chief officer's designee, prior
to the expiration of thirty-five days from the mailing of the notice by the chief
officer of the institution, or the chief officer's designee.
(c) In the event that objections are filed and served as provided in
subsections (1)(a) and (1)(b) of this section, the committing court shall fix a time for
a hearing upon the objections, and no removal of the defendant from the institution
where the defendant is held is authorized unless and until approval is given by the
committing court following the hearing.
(1.5) The chief officer of the institution, or the chief officer's designee, is
authorized to allow a defendant, without court authorization as described in
subsection (1) of this section, to leave the physical premises of the treatment or
habilitation facility for needed medical treatment at a hospital, clinic, or other
health-care facility, so long as the defendant is accompanied by staff from the
facility.
(2) (a) A court shall order any defendant who receives treatment and
rehabilitation activities involving temporary physical removal of the defendant from
the institution to register with the local law enforcement agency of the jurisdiction
in which the defendant resides if the court finds that:
(I) The defendant was found not guilty by reason of insanity on a charge of
an offense involving unlawful sexual behavior; or
(II) The defendant was found not guilty by reason of insanity on a charge of
any other offense, the underlying factual basis of which includes an offense
involving unlawful sexual behavior.
(a.5) A court may order any defendant who receives treatment and
rehabilitation activities involving temporary physical removal of the defendant from
the institution to register with the local law enforcement agency of the jurisdiction
where the defendant resides if the court finds that the chief officer of the
institution where the defendant has been committed, or the chief officer's designee,
recommends registration based on information obtained from the defendant during
the course of treatment that indicates the defendant has committed an offense
involving unlawful sexual behavior.
(b) Prior to temporary physical removal from the institution of any defendant
who is required to register pursuant to this subsection (2), the department of human
services shall obtain from the defendant the address where the defendant plans to
reside and the department shall notify the local law enforcement agency of the
jurisdiction where the defendant plans to reside and the Colorado bureau of
investigation as provided in section 16-8-115 (4)(c).
(c) Any defendant required to register pursuant to this subsection (2) shall
register as provided in section 16-8-115 (4). The local law enforcement agency shall
transmit any registrations received pursuant to this subsection (2) to the Colorado
bureau of investigation within three business days following receipt. The Colorado
bureau of investigation shall include any registration information received pursuant
to this section in the central registry established pursuant to section 16-22-110, and
shall specify that the information applies to a defendant required to register as a
condition of temporary physical removal from an institution. The forms completed
by defendants required to register pursuant to this subsection (2) shall be
confidential and shall not be open to inspection except as otherwise provided in
section 16-8-115 (3)(e) for information pertaining to persons granted conditional
release and except as provided for release of information to the public pursuant to
sections 16-22-110 (6) and 16-22-112.
(d) (I) Any defendant required to register pursuant to this subsection (2),
upon completion of a period of not less than twenty years from the date the
defendant begins receiving treatment and rehabilitation activities involving
temporary physical removal of the defendant from the institution, may petition the
district court for an order that discontinues the requirement for such registration
and removes the defendant's name from the central registry established pursuant
to section 16-22-110. The court may issue such order only if the court makes written
findings of fact that the defendant has neither been convicted nor found not guilty
by reason of insanity of an offense involving unlawful sexual behavior subsequent
to such temporary removal and that the defendant would not pose an undue threat
to the community if allowed to live in the community without registration.
(II) Upon the filing of a petition pursuant to this subsection (2)(d), the court
shall set a date for a hearing on the petition. The defendant shall notify the local
law enforcement agency with which the defendant is required to register and the
prosecuting attorney for the jurisdiction in which the local law enforcement agency
is located of the filing of the petition and the hearing date. The court shall notify the
victim of the filing of the petition and the hearing date. At the hearing, the court
shall give opportunity to the victim to provide written or oral testimony. If the court
enters an order discontinuing the defendant's duty to register, the defendant shall
send a copy of the order to the local law enforcement agency and the Colorado
bureau of investigation.