Standardized Treatment Program for Sex Offenders

C.R.S. tit. 16, art. 11.7

in effect

C.R.S. § 16-11.7-101 Legislative declaration

16-11.7-101. Legislative declaration. (1) The general assembly finds that, to protect the public and to work toward the elimination of sexual offenses, it is necessary to comprehensively evaluate, identify, treat, manage, and monitor adult sex offenders who are subject to the supervision of the criminal justice system and juveniles who have committed sexual offenses who are subject to the supervision of the juvenile justice system. (2) Therefore, the general assembly declares that it is necessary to create a program that establishes evidence-based standards for the evaluation, identification, treatment, management, and monitoring of adult sex offenders and juveniles who have committed sexual offenses at each stage of the criminal or juvenile justice system to prevent offenders from reoffending and enhance the protection of victims and potential victims. The general assembly does not intend to imply that all offenders can or will positively respond to treatment.

C.R.S. § 16-11.7-102 Definitions

16-11.7-102. Definitions. As used in this article 11.7, unless the context otherwise requires: (1) "Adult sex offender" means a person who has been convicted, as described in subsection (2)(a)(I), (2)(a)(II), or (2)(a)(IV) of this section, of a sex offense, but does not include a person who meets the definition of a "juvenile who has committed a sexual offense", as defined in subsection (1.5) of this section, unless the person has also been convicted of a sex offense committed on or after the day the person attained eighteen years of age or who is sentenced for a sex offense on or after the day the person attained twenty-one years of age. (1.3) "Board" means the sex offender management board created in section 16-11.7-103. (1.5) "Juvenile who has committed a sexual offense" means a juvenile who was less than eighteen years of age at the time of the sex offense and who has been adjudicated as a juvenile or who receives a deferred adjudication or who is sentenced prior to attaining twenty-one years of age after being criminally convicted in the district court pursuant to section 19-2-517 or 19-2-518 on or after July 1, 2002, or section 19-2.5-801 or 19-2.5-802 on or after October 1, 2021, for an offense that would constitute a sex offense, as defined in subsection (3) of this section, if committed as an adult, or a juvenile who has committed any offense, the underlying factual basis of which involves a sex offense. (2) (a) "Sex offender" means any person who is: (I) Convicted in the state of Colorado on or after January 1, 1994, of any sex offense as defined in subsection (3) of this section; (II) Convicted in the state of Colorado on or after July 1, 2000, of any criminal offense, the underlying factual basis of which involves a sex offense; (III) A juvenile who has committed a sexual offense; or (IV) A person who: (A) Was evaluated because of a discretionary request by a prosecuting attorney or court pursuant to section 16-11-102; and (B) A court determines should undergo sex offender treatment based upon the recommendations of the evaluation and identification pursuant to section 16-11.7-104; and (C) Is convicted in the state of Colorado on or after January 1, 1994, of any criminal offense and, if the person has previously been convicted of a sex offense as defined in subsection (3) of this section, in the state of Colorado; or if the person has previously been convicted in any other jurisdiction of any offense that would constitute a sex offense as defined in subsection (3) of this section; or if the person has a history of any sex offenses as defined in subsection (3) of this section. (b) For purposes of this subsection (2), any person who receives a deferred judgment or deferred sentence for the offenses specified in this subsection (2) is deemed convicted. (3) "Sex offense" means any felony or misdemeanor offense described in this subsection (3) as follows: (a) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or (II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000; (b) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000; (c) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or (II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000; (d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; (e) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; (f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; (g) Enticement of a child, in violation of section 18-3-305, C.R.S.; (h) Incest, in violation of section 18-6-301, C.R.S.; (i) Aggravated incest, in violation of section 18-6-302, C.R.S.; R.S.; (e) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; (f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; (g) Enticement of a child, in violation of section 18-3-305, C.R.S.; (h) Incest, in violation of section 18-6-301, C.R.S.; (i) Aggravated incest, in violation of section 18-6-302, C.R.S.; (j) Human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2), C.R.S.; (k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.; (l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.; (m) Indecent exposure, in violation of section 18-7-302, C.R.S.; (n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.; (o) Pandering of a child, in violation of section 18-7-403, C.R.S.; (p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.; (q) Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.; (r) Pimping of a child, in violation of section 18-7-405, C.R.S.; (s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.; (t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.; (u) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subsection (3); (v) Class 4 felony internet luring of a child, in violation of section 18-3-306 (3), C.R.S.; (w) Internet sexual exploitation of a child in violation of section 18-3-405.4, C.R.S.; (x) Public indecency, committed in violation of section 18-7-301 (2)(b), if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed; (y) Invasion of privacy for sexual gratification, as described in section 18-3-405.6; (z) Unlawful electronic sexual communication, in violation of section 18-3-418; or (aa) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7. (4) "Treatment" means therapy, monitoring, and supervision of any sex offender which conforms to the standards created by the board pursuant to section 16-11.7-103.

C.R.S. § 16-11.7-103 Sex offender management board - creation - duties - repeal

16-11.7-103. Sex offender management board - creation - duties - repeal. (1) There is hereby created in the department of public safety a sex offender management board that consists of twenty-five members. The membership of the board must reflect, to the extent possible, representation of urban and rural areas of the state and a balance of expertise in adult and juvenile issues relating to persons who commit sex offenses. The membership of the board consists of the following persons who are appointed as follows: (a) The chief justice of the supreme court shall appoint three members as follows: (I) One member who represents the judicial department; (II) One member who is a district court judge; and (III) One member who is a juvenile court judge or juvenile court magistrate; (b) The executive director of the department of corrections shall appoint one member who represents the department of corrections; (c) The executive director of the department of human services shall appoint three members as follows: (I) One member who represents the department of human services and who has recognizable expertise in child welfare and case management; (II) One member who represents the division of youth services in the department of human services; and (III) One member who is a provider of out-of-home placement services with recognizable expertise in providing services to juveniles who have committed sexual offenses; (d) The executive director of the department of public safety shall appoint sixteen members as follows: (I) One member who represents the division of criminal justice in the department of public safety; (II) Two members who are licensed mental health professionals with recognizable expertise in the treatment of adult sex offenders; (III) Two members who are licensed mental health professionals with recognizable expertise in the treatment of juveniles who have committed sexual offenses; (IV) One member who is a member of a community corrections board; (V) One member who is a public defender with recognizable expertise related to sexual offenses; (VI) One member who represents law enforcement with recognizable expertise in addressing sexual offenses and victimization; (VII) Three members who are recognized experts in the field of sexual abuse and who can represent sexual abuse victims and victims' rights organizations; (VIII) One member who is a clinical polygraph examiner; (IX) One member who is a private criminal defense attorney with recognizable expertise related to sexual offenses; (X) One member who is a county director of human or social services, appointed after consultation with a statewide group representing counties; and (XI) Two members who are county commissioners or members of the governing council for a jurisdiction that is a contiguous city and county, one of whom shall represent an urban or suburban county and one of whom shall represent a rural county, appointed after consultation with a statewide group representing counties; (e) The executive director of the Colorado district attorneys' council shall appoint one member who represents the interests of prosecuting attorneys and who has recognizable expertise in prosecuting sexual offenses; and one of whom shall represent an urban or suburban county and one of whom shall represent a rural county, appointed after consultation with a statewide group representing counties; (e) The executive director of the Colorado district attorneys' council shall appoint one member who represents the interests of prosecuting attorneys and who has recognizable expertise in prosecuting sexual offenses; and (f) The commissioner of education shall appoint one member who has experience with juveniles who have committed sexual offenses and who are in the public school system. (2) The members of the board shall elect presiding officers for the board, including a chair and vice-chair, from among the board members appointed pursuant to subsection (1) of this section, which presiding officers shall serve terms of two years. Board members may re-elect a presiding officer. (3) Members of the board shall serve at the pleasure of the appointing authority for terms of four years; except that the member appointed pursuant to subparagraph (IX) of paragraph (d) of subsection (1) of this section prior to July 1, 2011, shall serve the term of years in effect at the time of his or her appointment. The appointing authority may reappoint a member for an additional term or terms. Members of the board shall serve without compensation. (4) Duties of the board. The board shall carry out the following duties: (a) Standards for identification and evaluation of adult sex offenders. (I) The board shall develop, prescribe, and revise, as appropriate, a standard procedure to evaluate and identify adult sex offenders, including adult sex offenders with developmental disabilities. The procedures shall provide for an evaluation and identification of the adult sex offender and recommend management, monitoring, and treatment based upon existing research and shall incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model. There is currently no way to ensure that adult sex offenders with the propensity to commit sexual offenses will not reoffend. Because there are adult sex offenders who can learn to manage unhealthy patterns and learn behaviors that can lessen their risk to society in the course of ongoing treatment, management, and monitoring, the board shall develop a procedure for evaluating and identifying, on a case-by-case basis, reliably lower-risk sex offenders whose risk to sexually reoffend may not be further reduced by participation in treatment as described in paragraph (b) of this subsection (4). The board shall develop and implement methods of intervention for adult sex offenders, which methods have as a priority the physical and psychological safety of victims and potential victims and which are appropriate to the assessed needs of the particular offender, so long as there is no reduction in the safety of victims and potential victims. (II) Repealed. aragraph (b) of this subsection (4). The board shall develop and implement methods of intervention for adult sex offenders, which methods have as a priority the physical and psychological safety of victims and potential victims and which are appropriate to the assessed needs of the particular offender, so long as there is no reduction in the safety of victims and potential victims. (II) Repealed. (b) Guidelines and standards for treatment of adult offenders. (I) The board shall develop, implement, and revise, as appropriate, guidelines and standards to treat adult sex offenders, including adult sex offenders with intellectual and developmental disabilities, incorporating in the guidelines and standards the concepts of the risk-need-responsivity or another evidence-based correctional model, which guidelines and standards can be used in the treatment of offenders who are placed on probation, incarcerated with the department of corrections, placed on parole, or placed in community corrections. Programs implemented pursuant to the guidelines and standards developed pursuant to this subsection (4)(b) must be as flexible as possible so that the programs may be accessed by each adult sex offender to prevent the offender from harming victims and potential victims. Programs must include a continuing monitoring process and a continuum of treatment options available to an adult sex offender as the offender proceeds through the criminal justice system. Treatment options must be determined by a current risk assessment and evaluation and may include, but need not be limited to, group counseling, individual counseling, family counseling, outpatient treatment, inpatient treatment, shared living arrangements, or treatment in a therapeutic community. Programs implemented pursuant to the guidelines and standards developed pursuant to this subsection (4)(b) must, to the extent possible, be accessible to all adult sex offenders in the criminal justice system, including those offenders with behavioral, mental health, and co-occurring disorders and must ensure, to the extent possible, that treatment is responsive to the age and developmental status of the offender at the time of treatment, as well as the linguistic, cultural, religious, and racial characteristics; sexual orientation, as defined in section 24-34-301; gender identity, as defined in section 24-34-301; and gender expression, as defined in section 24-34-301, of the offenders served. The procedures for evaluation, identification, treatment, and monitoring developed pursuant to this subsection (4) must be implemented only to the extent that money is available in the sex offender surcharge fund created in section 18-21-103 (3). (II) To revise the guidelines and standards developed pursuant to this paragraph (b), the board shall establish a committee to make recommendations to the board. At least eighty percent of the members of the committee must be approved treatment providers. (III) Repealed. (c) Allocation of money in sex offender surcharge fund. The board shall develop an annual plan for the allocation of moneys deposited in the sex offender surcharge fund created pursuant to section 18-21-103 (3), C.R.S., among the judicial department, the department of corrections, the division of criminal justice in the department of public safety, and the department of human services. In addition, the board shall coordinate the expenditure of moneys from the sex offender surcharge fund with any moneys expended by any of the departments described in this paragraph (c) to identify, evaluate, and treat adult sex offenders and juveniles who have committed sexual offenses. The general assembly may appropriate moneys from the sex offender surcharge fund in accordance with the plan. . In addition, the board shall coordinate the expenditure of moneys from the sex offender surcharge fund with any moneys expended by any of the departments described in this paragraph (c) to identify, evaluate, and treat adult sex offenders and juveniles who have committed sexual offenses. The general assembly may appropriate moneys from the sex offender surcharge fund in accordance with the plan. (d) Risk assessment screening instrument. The board shall consult on, approve, and revise, as necessary, the risk assessment screening instrument developed by the division of criminal justice to assist the sentencing court in determining the likelihood that an adult sex offender will commit one or more of the offenses specified in section 18-3-414.5 (1)(a)(II), C.R.S., under the circumstances described in section 18-3-414.5 (1)(a)(III), C.R.S. In carrying out this duty, the board shall consider research on adult sex offender risk assessment and shall consider as one element the risk posed by an adult sex offender who suffers from psychopathy or a personality disorder that makes the person more likely to engage in sexually violent predatory offenses. If a defendant is found to be a sexually violent predator, the defendant shall be required to register pursuant to article 22 of this title and shall be subject to community notification pursuant to part 9 of article 13 of this title. (e) Evaluation of policies and procedures - report. (I) The board shall research, either through direct evaluation or through a review of relevant research articles and sex offender treatment empirical data, and analyze, through a comprehensive review of evidence-based practices, the effectiveness of the evaluation, identification, and treatment policies and procedures for adult sex offenders developed pursuant to this article. This research shall specifically include, but need not be limited to, reviewing and researching reoffense and factors that contribute to reoffense for sex offenders as defined in this article, the effective use of cognitive behavioral therapy to prevent reoffense, the use of polygraphs in treatment, and the containment model for adult sex offender management and treatment and its effective application. The board shall revise the guidelines and standards for evaluation, identification, and treatment, as appropriate, based upon the results of the board's research and analysis. The board shall also develop and prescribe a system to implement the guidelines and standards developed pursuant to paragraph (b) of this subsection (4). (II) Repealed. (f) Criteria for measuring progress in treatment. (I) Pursuant to section 18-1.3-1009, C.R.S., concerning the criteria for release from incarceration, reduction in supervision, and discharge for certain adult sex offenders, the board, in collaboration with the department of corrections, the judicial department, and the state board of parole, shall develop and revise, as appropriate, criteria for measuring an adult sex offender's progress in treatment. The criteria shall assist the court and the state board of parole in determining whether an adult sex offender may appropriately be released from incarceration pursuant to section 18-1.3-1006 (1), C.R.S., or whether the adult sex offender's level of supervision may be reduced pursuant to section 18-1.3-1006 (2)(a) or 18-1.3-1008, C.R.S., or whether the adult sex offender may appropriately be discharged from probation or parole pursuant to section 18-1.3-1006 or 18-1.3-1008, C.R.S. At a minimum, the criteria shall be designed to assist the court and the state board of parole in determining whether the adult sex offender could be appropriately supervised in the community if he or she were released from incarceration, released to a reduced level of supervision, or discharged from probation or parole. The criteria shall not limit the decision-making authority of the court or the state board of parole. ia shall be designed to assist the court and the state board of parole in determining whether the adult sex offender could be appropriately supervised in the community if he or she were released from incarceration, released to a reduced level of supervision, or discharged from probation or parole. The criteria shall not limit the decision-making authority of the court or the state board of parole. (II) The board, in collaboration with the department of corrections, the judicial department, and the state board of parole, shall establish standards for community entities that provide supervision and treatment specifically designed for adult sex offenders who have developmental disabilities. At a minimum, the standards shall determine whether an entity would provide adequate support and supervision to minimize any threat that the adult sex offender may pose to the community. (g) Living arrangements for adult sex offenders - recommendations. The board shall research, analyze, and make recommendations that reflect best practices for living arrangements for and the location of adult sex offenders within the community, including but not limited to shared living arrangements. At a minimum, the board shall consider the safety issues raised by the location of sex offender residences, especially in proximity to public or private schools and child care facilities, and public notification of the location of sex offender residences. The board shall adopt and revise as appropriate such guidelines as it may deem appropriate regarding the living arrangements and location of adult sex offenders and adult sex offender housing. The board shall accomplish the requirements specified in this paragraph (g) within existing appropriations. (h) Data collection from treatment providers. (I) If the department of public safety acquires sufficient funding, the board may request that individuals or entities providing sex-offender-specific evaluation, treatment, or polygraph services that conform with standards developed by the board pursuant to paragraph (b) of this subsection (4) submit to the board data and information as determined by the board at the time that funding becomes available. This data and information may be used by the board to evaluate the effectiveness of the guidelines and standards developed pursuant to this article; to evaluate the effectiveness of individuals or entities providing sex-offender-specific evaluation, treatment, or polygraph services; or for any other purposes consistent with the provisions of this article. (II) The board shall develop a data collection plan, including associated costs, in consultation with the research and evaluation professionals on the board and within the department of public safety. The board shall report on the data collection plan to the judiciary committees of the general assembly, or any successor committees, as part of its annual report presented pursuant to section 16-11.7-109 (2) in January 2017. By July 1, 2017, the board shall revise the guidelines and standards for approved providers developed pursuant to paragraphs (b) and (j) of this subsection (4) to require evaluators, treatment providers, and polygraph examiners to collect data pursuant to the data collection plan. If the board determines that it will be unable to complete the revision of the guidelines and standards by July 1, 2017, the board shall report to the judiciary committees of the general assembly, or any successor committees, a projected completion date as part of its annual report presented pursuant to section 16-11.7-109 (2) in January 2017. (h.5) Compliance reviews of treatment providers. Beginning September 1, 2024, and every two years thereafter, the board shall perform a compliance review of at least ten percent of treatment providers. he judiciary committees of the general assembly, or any successor committees, a projected completion date as part of its annual report presented pursuant to section 16-11.7-109 (2) in January 2017. (h.5) Compliance reviews of treatment providers. Beginning September 1, 2024, and every two years thereafter, the board shall perform a compliance review of at least ten percent of treatment providers. (i) Standards for identification and evaluation of juvenile offenders. The board shall develop, prescribe, and revise, as appropriate, a standard procedure to evaluate and identify juveniles who have committed sexual offenses, including juveniles with developmental disabilities. The procedure shall provide for an evaluation and identification of the juvenile offender and recommend behavior management, monitoring, treatment, and compliance and shall incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model based upon the knowledge that all unlawful sexual behavior poses a risk to the community and that certain juveniles may have the capacity to change their behavior with appropriate intervention and treatment. The board shall develop and implement methods of intervention for juveniles who have committed sexual offenses, which methods have as a priority the physical and psychological safety of victims and potential victims and that are appropriate to the needs of the particular juvenile offender, so long as there is no reduction in the safety of victims and potential victims. (j) (I) Guidelines and standards for treatment of juveniles who have committed a sexual offense. The board shall develop, implement, and revise, as appropriate, guidelines and standards to treat juveniles who have committed a sexual offense, including juveniles with intellectual and developmental disabilities, incorporating in the guidelines and standards the concepts of the risk-need-responsivity or another evidence-based correctional model, which guidelines and standards may be used for juveniles who are placed on probation, committed to the department of human services, sentenced to community corrections, sentenced to the department of corrections, placed on parole, or placed in out-of-home placement. Programs implemented pursuant to the guidelines and standards developed pursuant to this subsection (4)(j) must be as flexible as possible so that the programs may be accessed by each juvenile to prevent the juvenile from harming victims and potential victims. Programs must provide a continuing monitoring process and a continuum of treatment options available as a juvenile proceeds through the juvenile or criminal justice system. Treatment options may include, but need not be limited to, group counseling, individual counseling, family counseling, outpatient treatment, inpatient treatment, shared living arrangements, and treatment in a therapeutic community. Programs implemented pursuant to the guidelines and standards developed pursuant to this subsection (4)(j) must be, to the extent possible, accessible to all juveniles who have committed sexual offenses and who are in the juvenile or criminal justice system, including juveniles with behavioral, mental health, or co-occurring disorders and must ensure, to the extent possible, that treatment is responsive to the age and developmental status of the juvenile at the time of treatment, as well as the linguistic, cultural, religious, and racial characteristics; sexual orientation, as defined in section 24-34-301; gender identity, as defined in section 24-34-301; and gender expression, as defined in section 24-34-301, of the juveniles served. (II) To revise the guidelines and standards developed pursuant to this paragraph (j), the board shall establish a committee to make recommendations to the board. At least eighty percent of the members of the committee must be approved treatment providers. n 24-34-301; gender identity, as defined in section 24-34-301; and gender expression, as defined in section 24-34-301, of the juveniles served. (II) To revise the guidelines and standards developed pursuant to this paragraph (j), the board shall establish a committee to make recommendations to the board. At least eighty percent of the members of the committee must be approved treatment providers. (k) Evaluation of policies and procedures for juvenile offenders. The board shall research and analyze the effectiveness of the evaluation, identification, and treatment procedures developed pursuant to this article for juveniles who have committed sexual offenses. The board shall revise the guidelines and standards for evaluation, identification, and treatment, as appropriate, based upon the results of the board's research and analysis. The board shall also develop and prescribe a system to implement the guidelines and standards developed pursuant to paragraph (j) of this subsection (4). (l) Educational materials. The board, in collaboration with law enforcement agencies, victim advocacy organizations, the department of education, and the department of public safety, shall develop and revise, as appropriate, for use by schools, the statement identified in section 22-1-124, C.R.S., and educational materials regarding general information about adult sex offenders and juveniles who have committed sexual offenses, safety concerns related to such offenders, and other relevant materials. The board shall provide the statement and materials to the department of education, and the department of education shall make the statement and materials available to schools in the state. (m) Release guideline instrument for sex offenders with determinate sentences. (I) On or before December 1, 2023, and as indicated thereafter, the board, in collaboration with the state board of parole, shall revise the specific sex offender release guideline instrument, as required by section 17-22.5-404 (4)(c)(II), for use by the state board of parole for those inmates classified as sex offenders with determinate sentences. The revised release guideline instrument must incorporate the concepts of risk-need-responsivity or another evidence-based correctional model and must be as flexible as possible to ensure that the programs necessary can be timely accessed by the adult sex offender to prevent the offender from harming victims or potential victims. The revised release guideline instrument must consider the intersection of the guideline instrument with the factors outlined in section 17-22.5-404 (4)(a); however, the release guideline instrument must not include the offender's inability to access treatment during incarceration, when determined to be eligible for treatment within the department of corrections, as a basis for denial of parole. (II) In developing the revised release guideline instrument, the boards shall consider current research, information, and data regarding: (A) Factors consistent with the offender's individual static and dynamic risk and whether participation in treatment while incarcerated will significantly reduce the risk prior to release; (B) The most effective use of limited treatment resources within the department of corrections; (C) The availability or lack of availability of treatment during incarceration for offenders with determinate sentences who might otherwise be eligible for release pursuant to section 17-22.5-404 (4)(a); and (D) The efficacy of treatment as a condition of community supervision on parole. (5) Immunity. The board and the individual board members shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the board. (6) Repeal. This section is repealed, effective September 1, 2028. Before the repeal, this section is scheduled for review in accordance with section 24-34-104.

C.R.S. § 16-11.7-104 Sex offenders - evaluation and identification required

16-11.7-104. Sex offenders - evaluation and identification required. (1) When required as part of the presentence or probation investigation pursuant to sections 16-11-102 (1)(b)(I) and 16-11.7-102 (2)(a)(I) to (2)(a)(IV), on and after January 1, 1994, each convicted adult sex offender and juvenile who has committed a sexual offense who is to be considered for probation is required to submit to an evaluation for treatment, an evaluation for risk, procedures required for monitoring of behavior to protect victims and potential victims, and an identification developed pursuant to section 16-11.7-103 (4). (2) The evaluation and identification required by subsection (1) of this section shall be at the expense of the person evaluated, based upon such person's ability to pay for such treatment.

C.R.S. § 16-11.7-105 Sentencing of sex offenders - treatment based upon evaluation and identification required - subcommittee created

16-11.7-105. Sentencing of sex offenders - treatment based upon evaluation and identification required - subcommittee created. (1) Each adult sex offender and juvenile who has committed a sexual offense sentenced by the court for an offense committed on or after January 1, 1994, shall be required, as a part of any sentence to probation, commitment to the department of human services, sentence to community corrections, incarceration with the department of corrections, placement on parole, or out-of-home placement to undergo treatment to the extent appropriate to such offender based upon the recommendations of the evaluation and identification made pursuant to section 16-11.7-104 or based upon any subsequent recommendations by the department of corrections, the judicial department, the department of human services, or the division of criminal justice in the department of public safety, whichever is appropriate. The treatment and monitoring shall be provided by an approved provider pursuant to section 16-11.7-106, and the offender shall pay for the treatment to the extent the offender is financially able to do so. (1.5) (a) The department of corrections shall identify all inmates who are classified to undergo treatment, are eligible to receive treatment pursuant to the department of corrections' policy, and have not been provided with the opportunity to undergo treatment while incarcerated. For each inmate, the department of corrections shall provide the following data to the board on or before July 31, 2023: (I) The inmate's department of corrections identification number; (II) The date of the inmate's sentence, the crime of conviction, and length of the sentence, including length of parole; (III) Whether the sentence to the department of corrections was a result of a parole revocation; (IV) The date the inmate was placed on the global referral list as established by the department of corrections; (V) The actual or projected parole eligibility date and mandatory release date, as of July 31, 2023, as well as, if applicable, whether the inmate is enrolled in or has participated in track I or track II treatment, or whether the inmate has been placed in the maintenance phase; and (VI) The department of corrections S5 qualifier code for the inmate, if any. (b) The department of corrections shall further identify, in writing: (I) In the aggregate, validated static risk assessment scores of the inmates described in this section, if available, separately identifying those serving indeterminate and determinate sentences; (II) The total treatment capacity in the department of corrections and, for each facility providing sex offender treatment and monitoring program treatment services, the treatment program capacity and the phases or tracks of treatment offered; (III) The names of all board-approved providers employed by or contracting with the department of corrections, the amount of time each provider or contractor has been working with the department of corrections, and at which location each provider or contractor is providing services each month; (IV) The frequency of sex offender treatment and monitoring program treatment groups and the frequency of cancellation of such groups in all facilities; (V) The number of open positions for any sex offender treatment and monitoring program providers, including group therapy positions, polygraph providers, or any other positions necessary to operate the program; and (VI) Any and all efforts made by the department of corrections in the past five years to increase the capacity of the sex offender treatment and monitoring program, fill and maintain the allocated full-time or contract positions, and any data available to address any hiring challenges identified by the department. , polygraph providers, or any other positions necessary to operate the program; and (VI) Any and all efforts made by the department of corrections in the past five years to increase the capacity of the sex offender treatment and monitoring program, fill and maintain the allocated full-time or contract positions, and any data available to address any hiring challenges identified by the department. (c) The department of corrections shall provide this data to the board prior to July 31, 2023. The board shall form a subcommittee with representatives from the board, community sex offender treatment providers, the department of corrections, the division of adult parole in the department of corrections, and the state parole board created pursuant to section 17-2-201. The purpose of the subcommittee is to develop solutions to address treatment resources for sex offenders who are incarcerated or in the custody of the department of corrections, including a legal and evidence-based analysis of inmates who are required to progress in treatment in the department of corrections prior to any release pursuant to section 18-1.3-1006 and those who are classified by the department of corrections as an inmate who is required to participate in treatment. The subcommittee shall: (I) Analyze the data provided by the department of corrections and prepare a comprehensive report on the current prison population to identify inmates who are eligible to receive treatment, with special priority toward inmates who are past parole eligibility date, have not been provided a treatment opportunity, and require treatment to meet community corrections or parole eligibility requirements pursuant to section 18-1.3-301 (1)(f), 18-1.3-1006, and 17-22.5-404 (4)(c)(II); (II) Identify all barriers the department of corrections faces in providing timely access to treatment to inmates who require treatment to meet parole eligibility requirements pursuant to sections 18-1.3-1006 and 17-22.5-404 (4)(c)(II) and make recommendations for workable solutions to increase treatment access in the department of corrections, including evidence-based, validated projections developed in conjunction with the division of criminal justice experts in prison population projections, for the decrease in backlog that would occur with the implementation of any solutions; (III) Determine which, if any, standards are barriers to providing timely access to treatment and make recommendations concerning changes or exceptions to the standards for sex offenders incarcerated in the department of corrections; (IV) Review and consider revisions to the department of corrections policies and administrative regulations to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements; (V) Review the criteria established pursuant to section 18-1.3-1009 and make revisions to policies of the department of corrections and administrative regulations to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements pursuant to section 18-1.3-1006; (VI) Review parole guidelines for those inmates classified as sex offenders with determinate sentences established pursuant to section 17-22.5-404 and make revisions as necessary to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements; (VII) Determine whether additional treatment providers will contract with the department of corrections to provide evaluation or treatment services to incarcerated individuals and make workable recommendations concerning how to immediately increase inmate access to those approved providers; (VIII) Determine whether increased funding or any other resources could make access to telehealth treatment viable for inmates and the amount of increased funding or resources necessary to accomplish this goal; and provide evaluation or treatment services to incarcerated individuals and make workable recommendations concerning how to immediately increase inmate access to those approved providers; (VIII) Determine whether increased funding or any other resources could make access to telehealth treatment viable for inmates and the amount of increased funding or resources necessary to accomplish this goal; and (IX) In consideration of any existing treatment backlog and of finite treatment resources, make recommendations for procuring or making available sufficient treatment resources without negatively impacting public safety and protection of victims. (d) The subcommittee created in subsection (1.5)(c) of this section shall present its written findings in a report and proposal to the judiciary committees of the house of representatives and the senate, or any successor committees, on or before February 1, 2024. The department of corrections and the parole board shall comment on the report's findings and recommendations on or before March 1, 2024. (2) For offenders who begin community supervision on or after June 5, 2023, the supervising agency of each adult sex offender and juvenile who has committed a sexual offense shall provide the offender with access to a complete list of treatment providers who are approved pursuant to section 16-11.7-106 and who have the expertise to work with the specific risks and needs of that particular offender. The supervising agency shall also make specific recommendations to the offender. When making a list of referrals, the supervising agency shall consider the individual risks and treatment needs of the particular offender, ability of the treatment provider to accept new clients, geographic proximity of the provider, and the nature of the programs, and tailor referrals to those considerations and any other factor relevant to the treatment needs of the offender, capability of the provider, and safety of the community. For an offender who is a person with an intellectual and developmental disability, as described in section 25.5-10-202, the supervising agency shall refer that offender to a provider approved by the sex offender management board to work with that population. For offenders who prefer to do treatment in a language other than English, referrals must be offered, when possible, to providers who are fluent in the target language. Once selected, the treatment provider or agency may not be changed by the offender without the approval of the community supervision team, the multidisciplinary team, or the court, except the offender may change the treatment provider or agency once within ninety days of the court imposing sentence or the offender's release on parole. (3) The requirements of subsection (2) of this section do not apply to the division of youth services based on the nature of the program, the complex needs of the juveniles served, and the placements and approved treatment providers available to work with juveniles from the division of youth services. The division of youth services shall assign juveniles who have committed a sexual offense to a treatment provider based on the individual risks and needs of the juvenile and have procedures in place to allow for a juvenile or family to request a change in treatment providers based on responsivity factors. The multidisciplinary team for the juvenile shall review all requests for changes in treatment providers and approve requests if the multidisciplinary team determines the juvenile's risks, needs, and responsivity factors can be better served by an alternate treatment provider.

C.R.S. § 16-11.7-106 Sex offender evaluation, treatment, and polygraph services - contracts with providers - placement on provider list - grievances - fund created - repeal

16-11.7-106. Sex offender evaluation, treatment, and polygraph services - contracts with providers - placement on provider list - grievances - fund created - repeal. (1) The department of corrections, the judicial department, the division of criminal justice in the department of public safety, or the department of human services shall not employ or contract with, and shall not allow an adult sex offender or a juvenile who has committed a sexual offense to employ or contract with, an individual or entity to provide sex-offender-specific evaluation, treatment, or polygraph services pursuant to this article unless the sex-offender-specific evaluation, treatment, or polygraph services to be provided by the individual or entity conform with the guidelines and standards developed pursuant to section 16-11.7-103, and the name of the individual providing services is on the list created pursuant to paragraph (b) of subsection (2) of this section of persons who may provide sex-offender-specific services. (1.5) (a) Notwithstanding the provisions of subsection (1) of this section, the department of corrections may employ or contract with an individual or entity to provide sex-offender-specific evaluation, treatment, or polygraph services pursuant to this article 11.7 if the director of the program is an approved provider and the department operates a sex offender treatment and monitoring program that conforms with the guidelines and standards developed pursuant to section 16-11.7-103 and the employees and contractors are trained to comply with the standards of the conforming program. (b) Any individual providing sex-offender-specific evaluation or treatment must have a baccalaureate degree or above in a behavioral science with training or professional experience in counseling or therapy; must hold a professional mental health license or be approved by the department of regulatory agencies as an unlicensed psychotherapist, certified addiction counselor, licensed professional counselor candidate, licensed marriage and family therapist candidate, or psychologist candidate; or clinical social worker. (c) Any polygraph examiner must have graduated from an accredited American polygraph association school and have a baccalaureate degree from a four-year institution of higher education. The department of corrections shall complete compliance monitoring of contracted providers and polygraph examiners who are not approved by the board pursuant to subsection (1) of this section on an annual basis. (d) In the event that a provider who contracted with the department of corrections is found to have violated the guidelines and standards developed pursuant to section 16-11.7-103, the department of corrections shall terminate the contract with the provider. (e) This subsection (1.5) is repealed, effective September 1, 2028. Prior to repeal, this subsection (1.5) is scheduled for review in accordance with section 16-11.7-103 (6). ho contracted with the department of corrections is found to have violated the guidelines and standards developed pursuant to section 16-11.7-103, the department of corrections shall terminate the contract with the provider. (e) This subsection (1.5) is repealed, effective September 1, 2028. Prior to repeal, this subsection (1.5) is scheduled for review in accordance with section 16-11.7-103 (6). (2) (a) The board shall develop an application and review process for treatment providers, evaluators, and polygraph examiners who provide services pursuant to this article 11.7 to adult sex offenders and to juveniles who have committed sexual offenses. The application and review process must allow providers to demonstrate that they are in compliance with the standards adopted pursuant to this article 11.7. The application and review process consists of the following three parts: (I) The board shall develop separate application and review processes for standards that apply to the criminal justice component, such as criminal history record checks, for evaluators, individual treatment providers, and polygraph examiners. Applications for the criminal justice components, excluding fingerprints, must be submitted to the board. The division of criminal justice in the department of public safety shall work with a third-party vendor to take and forward fingerprints to the Colorado bureau of investigation for use in conducting a state criminal history record check and for transmittal to the federal bureau of investigation for a national criminal history record check. The board may use information obtained from the state and national criminal history record checks to determine an applicant's eligibility for placement on the approved provider list. The board is responsible for the implementation of this subsection (2)(a)(I). (II) The board shall develop an application and review process for the verification of the qualifications and credentials of evaluators, treatment providers, and polygraph examiners. (III) The board shall require a person who applies for placement, including a person who applies for continued placement, on the list of persons who may provide sex-offender-specific evaluation, treatment, and polygraph services pursuant to this article to submit to a current background investigation that goes beyond the scope of the criminal history record check described in subparagraph (I) of this paragraph (a). In conducting the current background investigation required by this subparagraph (III), the board shall obtain reference and criminal history information and recommendations that may be relevant to the applicant's fitness to provide sex-offender-specific evaluation, treatment, and polygraph services pursuant to this article. (b) After the process developed pursuant to subsection (2)(a) of this section is established and providers have met all the criteria of the application and review process, the board may approve the provider. The board shall publish, at least annually, a list of approved providers. The board shall forward the list to the office of the state court administrator, the department of public safety, the department of human services, and the department of corrections. The board shall update and forward the list of approved providers as necessary. (3) The board shall use the information obtained from the state and national criminal history record checks and the current background investigation in determining whether to place or continue the placement of a person on the approved provider list. (4) The board may determine the requirements for an evaluator's, treatment provider's, or polygraph examiner's name to be placed on the approved provider list after his or her name has been removed from the list for any reason. (5) The board shall develop a renewal process for the continued placement of a person on the approved provider list published pursuant to paragraph (b) of subsection (2) of this section. ay determine the requirements for an evaluator's, treatment provider's, or polygraph examiner's name to be placed on the approved provider list after his or her name has been removed from the list for any reason. (5) The board shall develop a renewal process for the continued placement of a person on the approved provider list published pursuant to paragraph (b) of subsection (2) of this section. (6) The board may assess a fee to an applicant for placement on the approved provider list. The fee shall not exceed one hundred twenty-five dollars per application to cover the costs of conducting a current background investigation required by subsection (2) of this section. All moneys collected pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the sex offender treatment provider fund, which fund is hereby created and referred to in this subsection (6) as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the division of criminal justice in the department of public safety for the direct and indirect costs associated with the current background investigation required by subsection (2) of this section. Any moneys in the fund not expended for the purpose of subsection (2) of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (7) (a) The board shall notify the department of regulatory agencies of the receipt of any complaints or grievances against an individual who provides sex-offender-specific treatment or evaluation services pursuant to this article 11.7 and advise the department of any disciplinary action taken pursuant to subsection (7)(b) of this section. The department of regulatory agencies or the appropriate board, pursuant to article 245 of title 12 and referred to in this subsection (7) as the "DORA board", shall notify the board of the receipt of any complaint or grievance against a provider who provides sex-offender-specific treatment or evaluation services pursuant to this article 11.7, if the complaint or grievance was not referred by the board, and advise the board of any disciplinary action taken against the individual pursuant to any professional licensing act. (b) The board shall review and investigate all complaints and grievances concerning compliance with its standards against individuals who provide sex-offender-specific treatment, evaluation, or polygraph services pursuant to this article. Notwithstanding any action taken by the department of regulatory agencies or the DORA board, the board may take appropriate disciplinary action, as permitted by law, against an individual who provides sex-offender-specific treatment, evaluation, or polygraph services pursuant to this article. The disciplinary action may include, but need not be limited to, the removal of the individual's name from the list of persons who may provide sex offender evaluation, treatment, or polygraph services pursuant to this article. ate disciplinary action, as permitted by law, against an individual who provides sex-offender-specific treatment, evaluation, or polygraph services pursuant to this article. The disciplinary action may include, but need not be limited to, the removal of the individual's name from the list of persons who may provide sex offender evaluation, treatment, or polygraph services pursuant to this article. (c) (I) Nothing in this subsection (7) limits the rights or responsibilities of the department of regulatory agencies or the DORA board with respect to the investigation and resolution of complaints pursuant to article 245 of title 12. (II) Nothing in this subsection (7) limits the rights or responsibilities of the board with respect to the addition or removal of an individual's name from the list of persons who may provide sex offender evaluation, treatment, or polygraph services pursuant to this article. (8) Supervising officers shall follow the guidelines and standards developed pursuant to this section when working with sex offenders. Agencies employing supervising officers shall collaborate with the board to develop procedures to hold accountable a supervising officer who fails to follow the guidelines and standards.

C.R.S. § 16-11.7-107 Report to the general assembly

16-11.7-107. Report to the general assembly. (Repealed)

C.R.S. § 16-11.7-108 Operation and construction of juvenile sex offender treatment facilities and new treatment modalities - repeal

16-11.7-108. Operation and construction of juvenile sex offender treatment facilities and new treatment modalities - repeal. (Repealed)

C.R.S. § 16-11.7-109 Reporting requirements - legislative declaration

16-11.7-109. Reporting requirements - legislative declaration. (1) (a) The general assembly finds and declares that: (I) As a body, the board is one of Colorado's most important resources on the treatment and management of adult sex offenders and juveniles who have committed sexual offenses; (II) The board's research and analysis of treatment standards and programs, as well as empirical evidence collected and compiled by the board with respect to the treatment outcomes of adult sex offenders and juveniles who have committed sexual offenses, is vital to inform the decisions of policymakers. (b) The general assembly therefore finds that it is appropriate for the board to report to the general assembly on an annual basis concerning the status of the treatment and management of adult sex offenders and juveniles who have committed sexual offenses in Colorado. (2) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 31, 2012, and on or before January 31 each year thereafter, the board shall prepare and present to the judiciary committees of the senate and the house of representatives, or any successor committees, a written report concerning best practices for the treatment and management of adult sex offenders and juveniles who have committed sexual offenses, including any evidence-based analysis of treatment standards and programs as well as information concerning any new federal legislation relating to the treatment and management of adult sex offenders and juveniles who have committed sexual offenses. The report may include the board's recommendations for legislation to carry out the purpose and duties of the board to protect the community.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.docxFetched: 10/6/2026