COCODE

16-22-112. Release of information - law enforcement agencies.

Statute text

(1) 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 access to information concerning persons convicted of offenses involving unlawful sexual behavior that is collected pursuant to this article to allow them to adequately protect themselves and their children from these persons. The general assembly declares, however, that, in making this information available to the public, as provided in this section and section 16-22-110 (6), it is not the general assembly's intent that the information be used to inflict retribution or additional punishment on any person convicted of unlawful sexual behavior or of another offense, the underlying factual basis of which involves unlawful sexual behavior.

(2) (a) A local law enforcement agency shall release information regarding any person, except for a person who is required to register solely because the person was adjudicated or received a disposition as a juvenile, registered with the local law enforcement agency pursuant to this article 22 to any person residing within the local law enforcement agency's jurisdiction. In addition, the local law enforcement agency may post the information specified in subsection (2)(b) of this section on the law enforcement agency's website.

(b) A local law enforcement agency may post on its website sex offender registration information of a person from its registration list only if the person is:

(I) An adult convicted of a felony requiring the adult to register pursuant to section 16-22-103; or

(II) An adult convicted of a second or subsequent offense of any of the following misdemeanors:

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

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

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

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

(F) Sexual conduct in a correctional institution as described in section 18-7-701, C.R.S.

(III) and (IV) Repealed.

(3) (a) (Deleted by amendment, L. 2005, p. 612, 2, effective May 27, 2005.)

(b) At its discretion, a local law enforcement agency may release information regarding any person, except for a person who is required to register solely because the person was adjudicated or received a disposition as a juvenile, registered with the local law enforcement agency pursuant to this article 22 to any person who does not reside within the local law enforcement agency's jurisdiction or may post the information specified in subsection (2)(b) of this section on the law enforcement agency's website. If a local law enforcement agency does not elect to release information regarding any person registered with the local law enforcement agency to a person not residing within the local law enforcement agency's jurisdiction, the local law enforcement agency may submit a request from the person to the CBI.

(d) Upon receipt of a request for information from a law enforcement agency pursuant to this subsection (3), the CBI shall mail the requested information to the person making the request.

(e) (Deleted by amendment, L. 2007, p. 648, 1, effective April 26, 2007.)

(3.5) To assist members of the public in protecting themselves from persons who commit offenses involving unlawful sexual behavior, a local law enforcement agency that chooses to post sex offender registration information on its website shall either post educational information concerning protection from sex offenders on its website or provide a link to the educational information included on the CBI website maintained pursuant to section 16-22-111. A local law enforcement agency that posts the educational information shall work with the sex offender management board created pursuant to section 16-11.7-103 and sexual assault victims' advocacy groups in preparing the educational information.

(4) Information released pursuant to this section, at a minimum, shall include the name, address or addresses, and aliases of the registrant; the registrant's date of birth; a photograph of the registrant, if requested and readily available; and a history of the convictions of unlawful sexual behavior resulting in the registrant being required to register pursuant to this article. Information concerning victims shall not be released pursuant to this section.

(5) Any information released pursuant to this section shall include in writing the following statement:

The Colorado sex offender registry includes only those persons who have been required by law to register and who are in compliance with the sex offender registration laws. Persons should not rely solely on the sex offender registry as a safeguard against perpetrators of sexual assault in their communities. The crime for which a person is convicted may not accurately reflect the level of risk.

History

Source: L. 2002: Entire article added, p. 1174, 1, effective July 1. L. 2004: (4) amended, p. 1118, 14, effective May 27. L. 2005: Entire section amended, p. 612, 2, effective May 27. L. 2006: (2)(b)(III) and (3)(e)(III) amended, p. 421, 2, effective April 13; (2)(b)(II)(D) amended, p. 2043, 2, effective July 1. L. 2007: (3)(b) and (3)(e) amended and (3.5) added, p. 648, 1, effective April 26. L. 2010: (2)(b)(II)(F) amended, (HB 10-1277), ch. 262, p. 1190, 3, effective July 1. L. 2021: (2)(a), (2)(b)(I), and (3)(b) amended and (2)(b)(III) and (2)(b)(IV) repealed, (HB 21-1064), ch. 320, p. 1966, 7, effective September 1.

Annotations

Editor's note: In People in Interest of T.B., 2021 CO 59, 489 P.3d 752, the Colorado Supreme Court held that mandatory lifetime sex offender registration under this act for offenders with multiple juvenile adjudications without a mechanism for individualized assessment or an opportunity to deregister upon a showing of rehabilitation is excessive and violates the prohibition on cruel and unusual punishments under the eighth amendment of the United States Constitution.

Annotations

ANNOTATION

Annotations

The intent of the Colorado Sex Offender Registration Act (SORA) registration requirements is nonpunitive. Millard v. Rankin, 265 F. Supp. 3d 1211 (D. Colo. 2017), aff'd sub nom. Millard v. Camper, 971 F.3d 1174 (10th Cir. 2020); Melnick v. Camper, 487 F. Supp. 3d 1039 (D. Colo. 2020).

The effects of SORA as applied to registered sex offenders do not constitute punishment under the eighth amendment. First, SORA does not resemble public shaming. Second, SORA does not resemble banishment. Finally, the application of SORA to the offenders does not amount to probation. Millard v. Camper, 971 F.3d 1174 (10th Cir. 2020); Melnick v. Camper, 487 F. Supp. 3d 1039 (D. Colo. 2020).

SORA does not promote the traditional aims of punishment. Deterrent purpose alone is not enough to render a regulatory scheme criminal in nature. Tying the length of the reporting requirement to the nature of the offense, rather than individual risk, does not render the registration obligation retributive. Millard v. Camper, 971 F.3d 1174 (10th Cir. 2020).

SORA is rationally connected to the state's avowed regulatory purpose of public safety. Its requirements are keyed to the seriousness of the underlying sex-offense conviction, and are thus consistent with the regulatory objective of protecting public safety. Millard v. Camper, 971 F.3d 1174 (10th Cir. 2020).

SORA is not excessive in relation to its nonpunitive purpose. Millard v. Camper, 971 F.3d 1174 (10th Cir. 2020).

SORA does not violate substantive due process. There is a rational connection between it and the government's interest in public safety. The touchstone of due process is protection of the individual against arbitrary action of government, not the public. Millard v. Camper, 971 F.3d 1174 (10th Cir. 2020); Melnick v. Camper, 487 F. Supp. 3d 1039 (D. Colo. 2020).

Unless registered sex offenders challenging its constitutionality connect SORA's alleged irrebuttable presumption of re-offense to a recognized fundamental constitutional right or explain why the presumption would be unconstitutional, the presumption does not offend substantive due process. Millard v. Camper, 971 F.3d 1174 (10th Cir. 2020).

The requirement for mandatory lifetime registration on the sex offender registry for twice-adjudicated juveniles, without the opportunity for individual assessment or the ability to deregister upon demonstrating rehabilitation, constitutes cruel and unusual punishment in violation of the eighth amendment. People in Interest of T.B., 2021 CO 59, 489 P.3d 752.

Analyzing any statute under the eighth amendment involves a two-part inquiry: (1) Is the registration requirement a "punishment", and, if so, (2) is it "cruel and unusual"? People in Interest of T.B., 2019 COA 89, 490 P.3d 455, aff'd in part, rev'd in part on other grounds, 2021 CO 59, 489 P.3d 752.

With regard to the first inquiry, requiring a juvenile, even one who has been twice adjudicated for offenses involving unlawful sexual behavior, to register as a sex offender for life without regard for whether he or she poses a risk to public safety is an overly inclusive -- and therefore excessive -- means of protecting public safety. Because the lifetime registration requirement is not adequately tethered to the statute's stated nonpunitive purpose, the automatic lifetime registration requirement for juvenile offenders is excessive. And because the lifetime registration requirement is excessive in relation to its nonpunitive purpose when applied to juveniles, it operates more like a punishment. People in Interest of T.B., 2019 COA 89, 490 P.3d 455, aff'd in part, rev'd in part on other grounds, 2021 CO 59, 489 P.3d 752.

SORA does not impact registered sex offender's free speech under the first amendment because it does not prohibit him from visiting social-media-related websites or communicating with his family. Melnick v. Camper, 487 F. Supp. 3d 1039 (D. Colo. 2020).

Nor does SORA impact the offender's free speech when social media related websites terminated him from the sites. SORA does not prohibit an offender from visiting social-media-related websites. And to the extent the offender asserts limitations on internet use because of the requirement that e-mail addresses, instant-messaging identities, or chatroom identities be registered, that requirement does not apply to him because he was not convicted of a child sex crime. Melnick v. Camper, 487 F. Supp. 3d 1039 (D. Colo. 2020).

To the extent that social-media-related websites terminated registered sex offender's ability to access their sites, such decisions by private actors are not covered by the first amendment. Melnick v. Camper, 487 F. Supp. 3d 1039 (D. Colo. 2020).

SORA does not violate offender's right to familial association. The fact that he alleges that he cannot use social-media-related websites does not prevent him from communicating with his family in other ways, including the traditional methods of telephone calls, mail, e-mail, or visits. Melnick v. Camper, 487 F. Supp. 3d 1039 (D. Colo. 2020).