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De-Registering As A Sex Offender In Colorado – The Mechanics of  CRS 16-22-113

 

Introduction – The impact of requiring to register as a sex offender in Colorado on such aspects of life as employment, family life, housing, and the like – cannot be underestimated.  This page is intended to explain the process of de-registration from the Colorado laws regarding mandatory registration as a sex offender.

 

Colorado’s Sex Offender Registration law provides for different registration requirements depending on the level of felony or misdemeanor the individual suffers. 

Colorado Revised Statutes Section 16-22-113 can be explained as follows:

Sex Offender Registration In Colorado

The “Colorado Sex Offender Registration Act”, article 22 of title 16, C.R.S., requires any person convicted of an unlawful sexual offense or enticement of a child or classified as a sexually violent predator under section 18-3-414.4, C.R.S., to register with the local law enforcement agency in the jurisdiction where he or she resides.

Within 5 Days After Release From Jail or Prison And Within 5 Days of Birthday

A person required to register annually within five days of his or her birthday, so long as the person does not relocate before that date. BUT a person who is identified as a sexually violent predator must re-register every ninety days, so long as the person does not relocate before that date.

If You Move ( Relocate )

If a person relocates, he or she must register in his or her new jurisdiction and the law enforcement agency that he or she registers with notifies the registrant’s old jurisdiction of the cancellation of that registration. The person must submit this form within five business days after relocating.

Information Required – It Is Comprehensive

When registering, a person must provide information concerning, but not limited to:

1. –  all names used at any time (both aliases and legal names),

2. – date of birth,

3. – address,

4. – place of employment, and, if employed at or enrolled in an institution of post-secondary education,

5. – all addresses and locations at which the person works or attends classes or other activities.

6. – If child sex crime must also provide their e-mail addresses, instantmessaging identities, and chat-room identities. Section 16-22-108, C.R.S.

The Colorado Central Statewide Registry

Local law enforcement agencies must provide the Colorado Bureau of Investigation (CBI) with all collected registration information to establish a central statewide registry. This registry serves as an electronic database of all registered sex offenders within the state,accessible by law enforcement agencies.

The Crime of Failure To Register in Colorado

A person who is required to register pursuant to section 16-22-103, C.R.S., and fails to do so or otherwise fails to comply with any provisions of article 22 of title 16, C.R.S., may be subject to prosecution for the offense of failure to register as a sex offender, as described in section 18-3-412.5, C.R.S.

Public Access to Information

To assist members of the public in protecting themselves and their children from sexual offenders, the Colorado General Assembly has determined that the public must have access to information concerning registered sex offenders. What Information Is Released

A person may request a list of persons on the sex offender registry from the CBI or a local law enforcement agency. At a minimum, the information released must include theregistrant’s name, address or addresses, and aliases of the registrant; a photograph, if readily available and a history of the conviction(s) resulting in the registrant being required to register. Information concerning victims shall not be released.

Local Police Can Post More Or Less Information Than State Registry

Information about a person listed on the sex offender registry may also be posted by a local law enforcement agency at its discretion on its website, but ONLY if the person is:

1. A juvenile who has been convicted of two or more offenses involving unlawful sexual behavior, or of a crime of violence as defined in section 18- 1.3-406, C.R.S.; or

2. A juvenile who is required to register because he or she was convicted of an offense that would have been a felony if it had been committed by an adult, and who has failed to register; or

3. An adult convicted of a felony requiring him or her to register pursuant to section 16-22-103, C.R.S.; or

4. An adult convicted of two or more misdemeanors, including:

Sexual assault on a minor, as described in section 18-3-402 (1) (e),C.R.S.; 

Unlawful sexual contact, as described in section 18-3-404, C.R.S.;

Sexual assault on a client by a psychotherapist, as described in section 18-3-405.5 (2), C.R.S.;

Sexual exploitation of a child by possession of sexually exploitive material, as described in section 18-6-403 (3) (b.5), C.R.S.;

Indecent exposure, as described in section 18-7-302, C.R.S.; or

Sexual conduct in a penal institution, as described in section 18-7-701, C.R.S.

A local law enforcement agency that elects to post sex offender registration information on its website is required to also post educational information concerning protection from sex offenders or provide a link to such information on the CBI internet homepage.

De- Registration – THAT IS Removal from the Colorado Sex Offender Registry

A person required to register as a sex offender pursuant to Colorado statute, upon satisfying the requirements of section 16-22-113 (1), C.R.S., may petition the district court for an order to discontinue the registration or the court may consider discontinuing the registration requirement at the time that the person satisfies the  requirements for discontinuing registration.

Lifetime Registration For Certain Sex Offenses In Colorado

However, depending upon the nature and degree of the offense, certain persons are ineligible for removal from the sex offender registry and will be subject to the registration requirements for the rest of their lives.

These persons include:

Sexually violent predators, as defined in section 18-3-414.5, C.R.S.;

Persons convicted as an adult of sexual assault in the first or second degree, sexual assault on a child, sexual assault on a client by a psychotherapist,

or

incest;

and

Any adult with more than one conviction in the same jurisdiction for unlawful sexual behavior.

When Are you Eligible To Petition The Court To Remove Your Name?

It depends on the conviction:

For Class 1, 2, 3 Felonies – 20 years must pass before the Petition can be filed.

For lass 4, 5, 6 Felonies  – 10 years must pass before the Petition can be filed.

For Class 1 Misdemeanors – 10 years must pass before the Petition can be filed.

All other Classes of Misdemeanor – 5 years must pass before the Petition can be filed.

Deferred judgment or sentence agreements – After the sentence is completed successfully

Juvenile Adjudications –  After the sentence is completed successfully

The Petition Process

The notification Petition is done through an intent document that must be mailed by certified mail to each of the following:

– law enforcement agencies with which the Petitioner is required to register, the prosecuting attorney for the jurisdiction in which such law enforcement is located, and the prosecuting attorney who obtained the conviction requiring the registration.

When the Petition is filed, service on these agencies must be proven of the Petition by attaching to the Petition return receipts from each party required to be notified with the intent form. 

A Colorado Sex Offense Conviction vs An Out of State Sex Offense Conviction

Colorado Sex Offense Cases

The Petition is filed in the case in which the guilty plea was entered for a Colorado Court conviction that requires registration.

Non-Colorado Sex Offense Cases

If the conviction that requires you to register was not obtained from a Colorado Court, the Petitioner may file a civil case with the District Court in the County where they reside and pay the appropriate filing fee.

Comparison of Out Of State Sex Offense Conviction To Colorado Sex Offense Crimes

Here it gets tough – to determine if the conviction is legallyy eligible to petition the Court, a review the out of state sentencing documents along with the law – §16-22-113, C.R.S. must be done to determine if the offense constitutes a felony or misdemeanor.

Setting The Hearing Date

Upon receipt of a petition, the court must set a date for a hearing and notify the victim of the offense for which the petitioner was required to register.

The Hearing

If the court enters an order to discontinue the petitioner’s duty to register, the petitioner must send a copy of the order to each local law enforcement agency with which he or she is registered; the court must notify the victim of the offense of its decision to discontinue the petitioner’s duty to register; and the CBI and the local law enforcement agency must remove the petitioner’s information from the sex offender registry.

Requirement To Register Continues If No Petition To Remove Name Is Filed and GRANTED

Sex offenders on the registry cannot automatically stop registering because they have fulfilled the time requirements. If they do, they will be accused of Failure to Register as a Sex Offender (CRS 18-3-412.5). A person must have their petition granted by a judge who can then end the mandatory registration, and only then can they stop registering. If you DO NOT petition to de-register you may/will be prosecuted for Failure to Register…

Complicated and Risky

The Colorado Sex Offender Registration Act is not only complicated and difficult to understand, but people – trying to represent themselves can fail in their attempt – thus possibly ruining their chances by failing to persuade the first Court – and greatly impact a later attempt by a lawyer to persuade the same or even a different Judge to later grant the Petition.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
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