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COLORADO LAW REQUIRING
SEX OFFENDER REGISTRATION

18-3-412.5. Sex offenders - duty to register - penalties. (1) (a) Effective July 1, 1998, the following persons shall be required to register pursuant to the provisions of subsection (2) of this section and shall be subject to the requirements and other provisions specified in this section:
(I) Any person who was convicted on or after July 1, 1991, in the state of Colorado, of an unlawful sexual offense, as defined in section 18-3-411 (1), or enticement of a child, as described in section 18-3-305;
(II) Any person who was convicted on or after July 1, 1991, in another state or jurisdiction of an offense that, if committed in Colorado, would constitute an unlawful sexual offense, as defined in section 18-3-411 (1), or enticement of a child, as described in section 18-3-305; and
(III) Any person who was released on or after July 1, 1991, from the custody of the department of corrections having served a sentence for an unlawful sexual offense, as defined in section 18-3-411 (1), or enticement of a child, as described in section 18-3-305.
(b) On and after July 1, 1994, any person who is convicted in the state of Colorado of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior as defined in this subsection (1) and any person who has been convicted on and after July 1, 1994, in any other state or jurisdiction of an offense that, if committed in the state of Colorado, would constitute an offense involving unlawful sexual behavior as defined in this subsection (1) or any person who is released from the custody of the department of corrections having completed serving a sentence for an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior as defined in this subsection (1) shall be required to register in the manner prescribed in subsection (3) of this section. For purposes of this section, "unlawful sexual behavior" means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:
(I) Sexual assault in the first degree, in violation of section 18-3-402;
(II) Sexual assault in the second degree, in violation of section 18-3-403;
(III) Sexual assault in the third degree, in violation of section 18-3-404;
(IV) Sexual assault on a child, in violation of section 18-3-405;
(V) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3;
(VI) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5;
(VII) Enticement of a child, in violation of section 18-3-305;
(VIII) Incest, in violation of section 18-6-301;
(IX) Aggravated incest, in violation of section 18-6-302;
(X) Trafficking in children, in violation of section 18-6-402;
(XI) Sexual exploitation of children, in violation of section 18-6-403;
(XII) Procurement of a child for sexual exploitation, in violation of section 18-6-404;
(XIII)
Indecent exposure, in violation of section 18-7-302;
(XIV) Soliciting for child prostitution, in violation of section 18-7-402;
(XV) Pandering of a child, in violation of section 18-7-403;
(XVI) Procurement of a child, in violation of section 18-7-403.5;
(XVII) Keeping a place of child prostitution, in violation of section 18-7-404;
(XVIII) Pimping of a child, in violation of section 18-7-405;
(XIX) Inducement of child prostitution, in violation of section 18-7-405.5;
(XX) Patronizing a prostituted child, in violation of section 18-7-406;
(XXI) to (XXIII) (Deleted by amendment, L. 99, p. 1146, 6, effective July 1, 1999.)
(c) For purposes of this section, "convicted" includes having pleaded guilty or nolo contendere and having received a deferred judgment and sentence or a deferred adjudication.
(d) In addition to the persons specified in paragraphs (a) and (b) of this subsection (1), any person convicted prior to July 1, 1994, of an offense in any other state or jurisdiction that, if committed in this state, would have constituted unlawful sexual behavior and who, as a result of the conviction, is required to register in the state or jurisdiction of conviction, shall be required to register in the manner specified in subsection (3) of this section so long as such person is a temporary or permanent resident of Colorado. Such person may petition the court for an order that discontinues the requirement for registration in this state at the times specified in subsection (7) of this section for offense classifications that are comparable to the classification of the offense for which the sex offender was convicted in the other state or jurisdiction.
(2) (a) (I) Probation and parole officers, appropriate county jail personnel, and appropriate personnel with the department of corrections and the department of human services shall require any offender described in subsection (1) of this section who is under their jurisdiction to sign a notice that informs the offender of the duty to register with local law enforcement agencies in accordance with this section.
(II) Department of corrections personnel and department of human services personnel shall require any offender described in subsection (1) of this section to specify, at least five days prior to release into the community, the address at which the offender plans to reside upon release. Prior to release of said offender, department of corrections personnel or department of human services personnel, whichever is appropriate, in cooperation with local law enforcement officers, shall verify that the address is a residence, that the occupants or owners know of the offender's history of unlawful sexual behavior, and that the occupants or owners have agreed to allow the offender to reside at the address. If the offender is being released on parole, department personnel shall also verify that the address complies with any conditions imposed by the parole board.
(III) If, on verifying the address provided by an offender, department personnel determine that the address is not a residence, that the owners or occupants are not aware of the offender's history of unlawful sexual behavior, that the owners or occupants have not agreed to allow the offender to reside at the address, or that the address violates the offender's conditions of parole, the offender shall be deemed to have provided false information to department personnel concerning the address at which the offender plans to reside upon release.
(b) A judge or magistrate shall require any offender described in subsection (1) of this section who is under the judge's or magistrate's jurisdiction and who is not sentenced to the department of corrections, to probation, or to a county jail to sign a notice that informs the offender of the duty to register with local law enforcement agencies in accordance with this section.
(c) The persons specified in paragraphs (a) and (b) of this subsection (2), after obtaining a signed notice from an offender, shall notify local law enforcement agencies of the jurisdiction in which the offender plans to reside of the offender's address within forty-eight hours after an offender has been placed on parole or probation or otherwise released into the community when such an address is provided in the signed notice. Department of corrections personnel shall provide such notice no later than two days before the offender is to be released from the department of corrections. In providing notice, the persons specified in paragraphs (a) and (b) of this subsection (2) may also provide additional information concerning the offender, including but not limited to any information obtained in conducting the assessment to determine whether the offender may be subject to community notification pursuant to section 16-13-903, C.R.S.
(3) (a) Each person who is required to register pursuant to subsection (1) of this section, within seven calendar days of becoming a temporary or permanent resident of any city, town, county, or city and county in the state of Colorado, and annually thereafter on the person's birth date or the first business day after the person's birth date so long as the person resides in the city, town, county, or city and county, shall register with the local law enforcement agency in the place of such person's temporary or permanent residence by completing a registration form provided to such person by the local law enforcement agency. Such registration form shall contain such information regarding such person as shall be required by the local law enforcement agency pursuant to subsection (5) of this section.
(b) Persons who reside within the corporate limits of any city, town, or city and county shall register at the office of the chief of police of such city, town, or city and county. Persons who reside outside of the corporate limits of any city, town, or city and county shall register at the office of the county sheriff of the county where such person resides.
(c) Any person who is required to register pursuant to subsection (1) of this section shall be required to register each time such person:
(I) Changes such person's temporary or permanent address, regardless of whether such person has moved to a new address within the jurisdiction of the law enforcement agency with which such person previously registered;
(II) Legally changes such person's name.
(d) Upon moving to a new jurisdiction within this state or to another state, any person who is required to register pursuant to subsection (1) of this section shall notify the local law enforcement agency of the jurisdiction from which the person moved by completing a written form of change of residency, available from the local law enforcement agency. At a minimum, the change of residency form shall indicate the person's previous residential address and the person's new residential address. The person shall file the change of residency form within seven days after moving to a new jurisdiction. If the person moves to another state, the local law enforcement agency of the jurisdiction in this state from which the person moved shall promptly notify the agency responsible for registration in the new state.
(3.5) (a) Within seven calendar days after becoming a temporary or permanent resident of any city, town, county, or city and county in the state of Colorado, and quarterly thereafter so long as the person resides in the city, town, county, or city and county, each person who is sentenced as a sexually violent predator pursuant to section 18-3-414.5, shall register with the local law enforcement agency in the place of such person's temporary or permanent residence by completing a registration form provided to such person by the local law enforcement agency. The registration form shall contain such information regarding the person as shall be required by the local law enforcement agency pursuant to subsection (5) of this section.
(b) Persons who reside within the corporate limits of any city, town, or city and county shall register at the office of the chief of police of such city, town, or city and county. Persons who reside outside of such corporate limits shall register at the office of the county sheriff of the county where the person resides.
(c) Each person who is sentenced as a sexually violent predator pursuant to section 18-3-414.5 shall be required to register each time the person:
(I) Changes his or her temporary or permanent address, regardless of whether the person has moved to a new address within the jurisdiction of the law enforcement agency with which the person previously registered;
(II) Legally changes his or her name.
(d) (Deleted by amendment, L. 98, p. 389, effective April 21, 1998.)
(4) (a) Any person who is required to register pursuant to subsection (1) or (3.5) of this section and who commits any of the acts specified in this paragraph (a) commits the offense of failure to register as a sex offender:
(I) Failure to register pursuant to this section;
(II) Submission of a registration form containing false information;
(III) If the person has been incarcerated or committed due to conviction of or adjudication for an offense specified in subsection (1) of this section, failure to provide notice of the address where the person plans to reside upon release to department of corrections personnel or department of human services personnel, whichever is appropriate, at least five days prior to release from the department of corrections or the department of human services;
(III.5) Knowingly providing false information to department of corrections personnel or department of human services personnel concerning the address where the person plans to reside upon release from either the department of corrections or the department of human services. Providing false information shall include, but is not limited to, providing false information as described in paragraph (a) of subsection (2) of this section.
(IV) Failure when registering to provide the person's current name and any former names;
(V) Failure to reregister with the local law enforcement agency in the place of the person's temporary or permanent residence within seven days after the effective date of a name change.
(b) Failure to register as a sex offender is a class 2 misdemeanor; except that, in addition to any other penalty provided by section 18-1-106, a person shall be sentenced to a ninety-day mandatory minimum jail sentence. Any second or subsequent offense is a class 6 felony; except that, in addition to any other penalty provided by section 18-1-105, a person shall be sentenced to a one-year mandatory minimum sentence to the department of corrections.
(c) Any juvenile adjudicated for the delinquent act of failure to register as a sex offender shall be sentenced to a forty-five-day mandatory minimum detention sentence. Any juvenile adjudicated for the class 6 felony offense of failure to register as a sex offender shall be placed or committed out of the home for not less than one year.
(5) Each local law enforcement agency in the state of Colorado shall prepare registration forms to be utilized to comply with this section. Such forms shall be used to register persons pursuant to this section. The forms shall provide that the persons required to register pursuant to this section disclose such information as required by the local law enforcement agency. The information required by the local law enforcement agency shall include, but need not be limited to:
(a) The name, address, and place of employment of the person required to register;
(b) All names used at any time by the person required to register, including both aliases and legal names.
(6) (a) Upon receipt of any registration form pursuant to this section, the local law enforcement agency shall retain a copy of such form and shall report that registration to the Colorado bureau of investigation in the manner and on a form prescribed by the director of the Colorado bureau of investigation. The director of the Colorado bureau of investigation shall establish a central registry of persons required to register pursuant to this section as soon as computerized resources are available.
(b) The forms completed by persons required to register pursuant to this section shall be confidential and shall not be open to inspection by the public or any person other than a law enforcement agency, except as provided in paragraph (b.5) of this subsection (6) and subsections (6.5) and (6.7) of this section.
(b.5) Pursuant to a request for a criminal history check under the provisions of part 3 of article 72 of title 24, C.R.S., the Colorado bureau of investigation may inform the requesting party as to whether the person who is the subject of the criminal history check is on the central registry of persons required to register pursuant to this section.
(c) The Colorado criminal justice information system, established in article 20.5 of title 16, C.R.S., shall develop an interactive data base system for the purpose of querying and entering sex offender's registration status, known names, known addresses, and modus operandi. The system shall be accessible through the Colorado crime information center to law enforcement agencies, the department of corrections, the judicial department, and each district attorney's office. At a minimum, the system shall build in cross validation of the offender's known names and known addresses with information maintained by the department of revenue concerning driver's licenses and identification cards issued under article 2 of title 42, C.R.S. Discrepancies between the known names or known addresses listed in the system and the department of revenue shall be reported through the Colorado crime information center to the local law enforcement agency that has jurisdiction over the location of the offender's last-known address.
(d) Upon development of the interactive data base system specified in paragraph (c) of this subsection (6), personnel in the judicial department, the department of corrections, and the department of human services shall be responsible for entering and maintaining in the interactive data base system the information specified in paragraph (c) of this subsection (6) for persons in their legal or physical custody. Each local law enforcement agency shall be responsible for entering and maintaining in the interactive data base system the information for persons registered with the agency who are not in the physical or legal custody of the judicial department, the department of corrections, or the department of human services.
(6.5) (a) The general assembly finds that persons convicted of offenses involving unlawful sexual behavior have a reduced expectation of privacy because of the public's interest in public safety. The general assembly further finds that the public must have limited access to information concerning persons convicted of offenses involving unlawful sexual behavior that is collected pursuant to this section to allow them to adequately protect themselves and their children from these persons. The general assembly declares, however, that, in making this information available on a limited basis to the public, it is not the general assembly's intent that the information be used to inflict retribution or additional punishment on any person convicted of an offense involving unlawful sexual behavior.
(b) When necessary for public protection, a local law enforcement agency shall release information regarding any person registered with the local law enforcement agency pursuant to this section to any person residing within the local law enforcement agency's jurisdiction. Any person requesting information pursuant to this paragraph (b) shall show proper identification or other proof of residence.
(c) A local law enforcement agency shall release information regarding any person registered with the local law enforcement agency pursuant to this section to any person living outside the local law enforcement agency's jurisdiction when necessary for public protection and upon request and demonstration of a need to know. In determining whether the person has demonstrated a need to know, the local law enforcement agency shall, at a minimum, consider the nature and extent of the person's presence or the presence of the person's immediate family in the local law enforcement agency's jurisdiction. For purposes of this subsection (6.5), "immediate family" includes the person's spouse and the person's parent, grandparent, sibling, or child.
(d) Information released pursuant to paragraph (b) or (c) of this subsection (6.5) may include basic identification information regarding the registrant, including a photograph if readily available, and a history of the convictions resulting in the registrant being required to register pursuant to this section.
(6.7) On and after September 1, 1996, prior to employing any person, a nursing care facility or the person seeking employment at a nursing care facility shall make an inquiry to the director of the Colorado bureau of investigation or to private criminal background check companies authorized to do business in the state of Colorado to ascertain whether such person has a criminal history, including arrest and conviction records. The Colorado bureau of investigation or private criminal background check companies are authorized to utilize fingerprints to ascertain from the federal bureau of investigation whether such person has a criminal history record. The nursing care facility or the person seeking employment in a nursing care facility shall pay the costs of such inquiry. The criminal background check shall be conducted not more than ninety days prior to the employment of the applicant. For purposes of this section, criminal background check companies shall be approved by the state board of nursing. In approving such companies, approval shall be based upon the provision of lawfully available, accurate, and thorough information pertaining to criminal histories, including arrest and conviction records. As used in this subsection (6.7), "nursing care facility" includes, but is not limited to:
(a) A nursing facility as defined in section 26-4-103 (11), C.R.S.;
(b) An intermediate nursing facility for the mentally retarded as defined in section 26-4-103 (8), C.R.S.;
(c) An adult day care facility as defined in section 26-4-603 (1), C.R.S.;
(d) An alternative care facility as defined in section 26-4-603 (3), C.R.S.;
(e) Any business that provides temporary nursing care services or that provides personnel who provide such services.
(7) (a) Any person required to register pursuant to subsection (1) or (3.5) of this section may petition the district court for an order that discontinues the requirement for such registration as follows:
(I) Except as otherwise provided in subparagraphs (IV) and (V) of this paragraph (a), if the offense that required such person to register constituted or would constitute a class 1, 2, or 3 felony, after a period of twenty years from the date of such person's final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of any offense involving unlawful sexual behavior;
(II) Except as otherwise provided in subparagraphs (IV) and (V) of this paragraph (a), if the offense that required such person to register constituted or would constitute a class 4, 5, or 6 felony or the class 1 misdemeanor of sexual assault in the third degree as described in section 18-3-404, after a period of ten years from the date of such person's final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of any offense involving unlawful sexual behavior;
(III) Except as otherwise provided in subparagraphs (IV) and (V) of this paragraph (a), if the offense that required such person to register constituted or would constitute a misdemeanor other than the class 1 misdemeanor of sexual assault in the third degree as described in section 18-3-404, after a period of five years from the date of such person's final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of any offense involving unlawful sexual behavior;
(IV) If the person was required to register due to being placed on a deferred judgment and sentence or a deferred adjudication for any of the offenses specified in subsection (1) of this section, after the successful completion of the deferred judgment and sentence or deferred adjudication and dismissal of the case, if the person prior to such time has not been subsequently convicted of any offense involving unlawful sexual behavior;
(V) If the person was less than sixteen years of age at the time of adjudication, after the successful completion of and discharge from the sentence, if the person prior to such time has not been subsequently convicted of any offense involving unlawful sexual behavior. Any person petitioning pursuant to this subparagraph (V) may also petition for an order removing his or her name from the registry maintained pursuant to subsection (6) of this section. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent sexual offense. The court shall base its determination on recommendations from the person's probation or parole officer, the person's treatment provider, and the prosecuting attorney for the jurisdiction in which the person was adjudicated and on the recommendations included in the person's presentence investigation.
(b) In filing a petition pursuant to this subsection (7), the petitioner shall identify the local law enforcement agency with which the petitioner is required to register. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the local law enforcement agency identified by the petitioner and the prosecuting attorney for the jurisdiction in which the local law enforcement agency is located. If the court enters an order discontinuing the petitioner's duty to register, the petitioner shall send a copy of the order to the local law enforcement agency and the Colorado bureau of investigation.
(8) The provisions of this section shall apply to any person adjudicated as a juvenile based on the commission of any act described in subsection (1) of this section or who receives a deferred adjudication based on commission of any of said acts; except that, with respect to subparagraphs (I) to (V) of paragraph (a) of subsection (7) of this section, a person may petition the court for an order to discontinue the duty to register as provided in those subparagraphs but only if the person has not subsequently been adjudicated as a juvenile or convicted of any offense involving unlawful sexual behavior. In addition, the duty to provide notice to an offender of the duty to register, as set forth in subsection (2) of this section, shall apply to juvenile parole and probation officers and appropriate personnel of the division of youth corrections in the department of human services.
(9) State agencies and their employees and local law enforcement agencies and their employees are immune from civil or criminal liability for the good faith implementation of this section.