§ 18-1.3-1007 — Probation - intensive supervision program

Colorado § 18-1.3-1007

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Sentencing in Criminal Cases

Text

(1) (a) The judicial
department shall establish an intensive supervision probation program for sex
offenders sentenced to probation pursuant to this part 10. In addition, the court
shall require a person, as a condition of probation, to participate in the intensive
supervision probation program established pursuant to this section if the person is
convicted of one of the following offenses and sentenced to probation:

(I) Indecent exposure, as described in section 18-7-302 (4);

(II) Criminal attempt, conspiracy, or solicitation to commit any of the
offenses specified in section 18-1.3-1003 (5)(a), which attempt, conspiracy, or
solicitation would constitute a class 5 felony;

(III) Any of the offenses specified in section 16-22-102 (9)(j), (9)(k), (9)(l),
(9)(n), (9)(o), (9)(p), (9)(q), (9)(r), (9)(s), or (9)(dd);

(IV) Any felony offense that involves unlawful sexual behavior or any felony
offense with an underlying factual basis, as determined by the court, resulting in a
conviction or plea of guilty or nolo contendere on or after July 1, 2001;

(V) Sexual assault in the third degree, in violation of section 18-3-404 (2), as
it existed prior to July 1, 2000.

(b) The judicial department may establish the intensive supervision probation
program in any judicial district or combination of judicial districts.

(1.5) In addition to the persons specified in subsection (1) of this section, the
court may require any person convicted of felony failure to register as a sex
offender, as described in section 18-3-412.5, and sentenced to probation to
participate, as a condition of probation and until further order of the court, in the
intensive supervision probation program established pursuant to this section.

(2) The judicial department shall require that sex offenders and any other
persons participating in the intensive supervision probation program created
pursuant to this section receive the highest level of supervision that is provided to
probationers. The intensive supervision probation program may include but not be
limited to severely restricted activities, daily contact between the sex offender or
other person and the probation officer, monitored curfew, home visitation,
employment visitation and monitoring, drug and alcohol screening, treatment
referrals and monitoring, including physiological monitoring, and payment of
restitution. In addition, the intensive supervision probation program shall be
designed to minimize the risk to the public to the greatest extent possible.

(3) The judicial department shall establish and enforce standards and
criteria for administration of the intensive supervision probation program created
pursuant to this section.

(4) For the purposes of this section, convicted means having entered a plea
of guilty, including a plea of guilty entered pursuant to a deferred sentence under
section 18-1.3-102, or a plea of no contest, accepted by the court, or having received
a verdict of guilty by a judge or jury.

Legislative History

Source: L. 2002: (1.5) amended, p. 1184, � 17, effective July 1; entire article added with relocations, p. 1440, � 2, effective October 1. L. 2011: (1.5) amended, (HB 11-1278), ch. 224, p. 965, � 9, effective May 27. L. 2012: (1)(a)(III) amended, (HB 12-1310), ch. 268, p. 1402, � 26, effective June 7. L. 2019: (1)(a)(III) amended, (HB 19-1250), ch. 287, p. 2664, � 5, effective July 1.