(1)If the court sentences a
sex offender to probation, in addition to any conditions imposed pursuant to section
18-1.3-204, the court shall require as a condition of probation that the sex offender
participate until further order of the court in the intensive supervision probation
program created pursuant to section 18-1.3-1007.
(1.5) If the court as a condition of probation sentences a sex offender to a
residential community corrections program, following completion of the minimum
period of sentence specified by the court, the community corrections program shall
notify the judicial department when it determines that the sex offender has
successfully progressed in treatment and would not pose an undue threat to the
community if allowed to live in the community while continuing
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(1) If the court sentences a
sex offender to probation, in addition to any conditions imposed pursuant to section
18-1.3-204, the court shall require as a condition of probation that the sex offender
participate until further order of the court in the intensive supervision probation
program created pursuant to section 18-1.3-1007.
(1.5) If the court as a condition of probation sentences a sex offender to a
residential community corrections program, following completion of the minimum
period of sentence specified by the court, the community corrections program shall
notify the judicial department when it determines that the sex offender has
successfully progressed in treatment and would not pose an undue threat to the
community if allowed to live in the community while continuing on intensive
supervision probation. The community corrections program shall base its
determination on the criteria established by the management board pursuant to
section 18-1.3-1009. The judicial department shall file the recommendations of the
community corrections program with the court. Upon order of the court, the sex
offender shall be released from the community corrections program, and the court
shall order the sex offender, as a condition of probation, to participate in the
intensive supervision program created in section 18-1.3-1007. The sex offender shall
participate in such program until further order of the court.
(2) On completion of twenty years of probation for any sex offender
convicted of a class 2 or 3 felony or on completion of ten years of probation for any
sex offender convicted of a class 4 felony, the court shall schedule a review
hearing to determine whether the sex offender should be discharged from
probation. In making its determination, the court shall determine whether the sex
offender has successfully progressed in treatment and would not pose an undue
threat to the community if allowed to live in the community without treatment or
supervision. The sex offender's probation officer and treatment provider shall make
recommendations to the court concerning whether the sex offender has met the
requirements of this section such that he or she should be discharged from
probation.
(3) (a) In determining whether to discharge a sex offender from probation
pursuant to this section, the court shall consider the recommendations of the sex
offender's probation officer and treatment provider. The recommendations of the
probation officer and the treatment provider shall be based on the criteria
established by the management board pursuant to section 18-1.3-1009. If the court
chooses not to follow the recommendations made, the court shall make findings on
the record in support of its decision.
(b) If the court does not discharge the sex offender from probation pursuant
to paragraph (a) of this subsection (3), the court shall review such denial at least
once every three years until it determines that the sex offender meets the criteria
for discharge as specified in paragraph (a) of this subsection (3). At each review, the
sex offender's probation officer and treatment provider shall make
recommendations, based on the criteria established by the management board
pursuant to section 18-1.3-1009, concerning whether the sex offender should be
discharged.