(1)(a) Except as otherwise provided in
this subsection (1) and in subsection (2) of this section, the district court having
jurisdiction shall sentence a sex offender to the custody of the department for an
indeterminate term of at least the minimum of the presumptive range specified in
section 18-1.3-401 for the level of offense committed and a maximum of the sex
offender's natural life.
(b)If the sex offender committed a sex offense that constitutes a crime of
violence, as defined in section 18-1.3-406, the district court shall sentence the sex
offender to the custody of the department for an indeterminate term of at least the
midpoint in the presumptive range for the level of offense committed and a
maximum of the sex offender's natural life.
(c)If the sex offender committ
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(1) (a) Except as otherwise provided in
this subsection (1) and in subsection (2) of this section, the district court having
jurisdiction shall sentence a sex offender to the custody of the department for an
indeterminate term of at least the minimum of the presumptive range specified in
section 18-1.3-401 for the level of offense committed and a maximum of the sex
offender's natural life.
(b) If the sex offender committed a sex offense that constitutes a crime of
violence, as defined in section 18-1.3-406, the district court shall sentence the sex
offender to the custody of the department for an indeterminate term of at least the
midpoint in the presumptive range for the level of offense committed and a
maximum of the sex offender's natural life.
(c) If the sex offender committed a sex offense that makes him or her
eligible for sentencing as an habitual sex offender against children pursuant to
section 18-3-412, the district court shall sentence the sex offender to the custody
of the department for an indeterminate term of at least three times the upper limit
of the presumptive range for the level of offense committed and a maximum of the
sex offender's natural life.
(d) If the sex offender committed a sex offense that constitutes a sexual
offense, as defined in section 18-3-415.5, and the sex offender, prior to committing
the offense, had notice that he or she had tested positive for the human
immunodeficiency virus (HIV) and HIV infection, and the infectious agent of the HIV
infection was in fact transmitted, the district court shall sentence the sex offender
to the custody of the department for an indeterminate term of at least the upper
limit of the presumptive range for the level of offense committed and a maximum of
the sex offender's natural life.
(e) (I) Notwithstanding any other provision of law, the district court shall
sentence a sex offender to the custody of the department for an indeterminate
term as specified in subparagraph (II) of this paragraph (e) if the sex offender:
(A) Committed a class 2, class 3, or class 4 sex offense in violation of section
18-3-402, 18-3-405, or 18-3-405.3 when the act includes sexual intrusion as
defined in section 18-3-401 (5) or sexual penetration as defined in section 18-3-401
(6);
(B) Committed the act against a child who was under twelve years of age at
the time of the offense; and
(C) Was at least eighteen years of age and at least ten years older than the
child.
(II) The district court shall sentence a sex offender to the department of
corrections for an indeterminate term of incarceration of:
(A) At least ten to sixteen years for a class 4 felony to a maximum of the
person's natural life, as provided in this subsection (1), if he or she committed a
crime as described in subparagraph (I) of this paragraph (e);
(B) At least eighteen to thirty-two years for a class 3 felony to a maximum of
the person's natural life, as provided in this subsection (1), if he or she committed a
crime as described in subparagraph (I) of this paragraph (e); and
(C) At least twenty-four to forty-eight years for a class 2 felony, to a
maximum of the person's natural life, as provided in this subsection (1), if he or she
committed a crime as described in subparagraph (I) of this paragraph (e).
(III) If the defendant is placed on parole, the parole board shall order the
defendant to wear electronic monitoring for the duration of his or her period of
parole.
(2) (a) The district court having jurisdiction, based on consideration of the
evaluation conducted pursuant to section 16-11.7-104, C.R.S., and the factors
specified in section 18-1.3-203, may sentence a sex offender to probation for an
indeterminate period of at least ten years for a class 4 felony or twenty years for a
class 2 or 3 felony and a maximum of the sex offender's natural life; except that, if
the sex offender committed a sex offense that constitutes a crime of violence, as
defined in section 18-1.3-406, or committed a sex offense that makes him or her
eligible for sentencing as a habitual sex offender against children pursuant to
section 18-3-412, or a sex offense requiring sentencing pursuant to paragraph (e) of
subsection (1) of this section, the court shall sentence the sex offender to the
department of corrections as provided in subsection (1) of this section. For any sex
offender sentenced to probation pursuant to this subsection (2), the court shall
order that the sex offender, as a condition of probation, participate in an intensive
supervision probation program established pursuant to section 18-1.3-1007, until
further order of the court.
(b) The court, as a condition of probation, may sentence a sex offender to a
residential community corrections program pursuant to section 18-1.3-301 for a
minimum period specified by the court. Following completion of the minimum
period, the sex offender may be released to intensive supervision probation as
provided in section 18-1.3-1008 (1.5).
(3) Each sex offender sentenced pursuant to this section shall be required as
a part of the sentence to undergo treatment to the extent appropriate pursuant to
section 16-11.7-105, C.R.S.
(4) Repealed.
(5) (a) Any sex offender sentenced pursuant to subsection (1) of this section
and convicted of one or more additional crimes arising out of the same incident as
the sex offense shall be sentenced for the sex offense and such other crimes so
that the sentences are served consecutively rather than concurrently.
(b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b),
if a sex offender sentenced pursuant to this part 10 is convicted of a subsequent
crime prior to being discharged from parole pursuant to section 18-1.3-1006 or
discharged from probation pursuant to section 18-1.3-1008, any sentence imposed
for the second crime shall not supersede the sex offender's sentence pursuant to
the provisions of this part 10. If the sex offender commits the subsequent crime
while he or she is on parole or probation and the sex offender receives a sentence
to the department of corrections for the subsequent crime, the sex offender's
parole or probation shall be deemed revoked pursuant to section 18-1.3-1010, and
the sex offender shall continue to be subject to the provisions of this part 10.
(II) The provisions of subparagraph (I) of this paragraph (b) shall not apply if
the sex offender commits a subsequent crime that is a class 1 felony.