Who Must Register?
Article 22 of title 16 the Colorado Sex Offender Registration Act requires any person who;
- Was convicted in the state of Colorado of an unlawful sexual offense, as defined in section 18-3-411 C.R.S. enticement of a child as described in section 18-3-305 C.R.S. or internet luring of a child as described in section 18-3-306.
- Any person who was convicted in anther state or jurisdiction of an offense that if committed in Colorado would constitute an unlawful sexual offense.
- Any person who was released from the department of corrections of this state or any other state having served a sentence for an unlawful sexual offense.
What Information is Needed to Register?
Registering as a sex offender is a comprehensive process and requires a lot of you information this includes but is not limited to;
- all names (legal names, nicknames or other aliases)
- date of birth
- all addresses
- place of employment, if enrolled in any level of education than the location of that institution
- all addresses and locations at which the person works or attends classes or any other activities
- If child sex crimes must also provide their email addresses, instant messaging identities, and any other internet aliases.
This information gets sent to the statewide registry. This registry serves as an electronic database of all registered sex offenders with-in the state accessible to law enforcement. Law enforcement is required to provide your information to Colorado Bureau of Investigation with all collected registry information to be added to this registry.
What are the Duties of Registering as a Sex Offender?
People who are convicted of unlawful sexual behavior are required to follow all orders by the court, probation and or parole. This includes but is not limited to initial registration as well as re-registration.
- If a person is required to register is sentenced to probation, then the probation department as soon as possible following the sentence will require a signature on documentation letting you know that you have to register. This will be their proof that you know you have to register as well as re-register. If you fail to register this document will be evidence that you knew you had to register and you failed to do so. Probation will then communicate all of your information to Colorado Bureau of Investigation.
- If a person who is required to register receives a direct sentence to community corrections the administrator to the community corrections program shall provide notice right away to the person of the duty to register with local law enforcement agency of each jurisdiction in which the person resides. The person shall be required to sign the notice as confirmation of the duty to register, and re-register. This will be their proof that you know you have to register as well as re-register.
- For persons who are required to register and are coming to the end of their corrections sentence, the administrator of the institution will provide notice to the person to register with all local law enforcement agencies in the jurisdiction where the person intends to live after discharge. The person shall be required to sign the notice as confirmation of the duty to register, and re-register. This will be their proof that you know you have to register as well as re-register.
Any failure to re-register will result in additional charges and penalties.
All local law enforcement agencies require updated information and proof of the information you provide in registering as a sex offender. Every person who is required to register will re-register on the first birthday after initial registration and every birthday after that.
Some individuals will be required to register for the rest of their lives. This is depending on the nature and degree of the offense. These persons include;
- Sexually violent predators
- Persons convicted as an adult of sexual assault in first or second degree,
- sex assault of a child,
- sexual assault on a client by a psychotherapist.
- Persons convicted of incest.
- Any adult with more than once conviction for unlawful sexual behavior.
Who is Eligible to Petition the Court to Deregister?
Depending on your conviction you are eligible to register after completing all requirements of the court and or probation. All of the time requirements below start after the completion and discharge from the court, probation and or parole.
- For class 1,2,3 felonies 20 years must pass before the Petition can be filed.
- For class 4,5,6 felonies 10 years must pass before the Petition can be filed.
- For class 1 misdemeanors 10 years must pass before the Petition can be filed.
- For all other classes of misdemeanors, 5 years must pass before the petition can be filed.
- A deferred judgment or sentence agreements after the sentence is completed successfully.
- Juvenile Adjudications after the sentence is completed successfully.
A petition can not be filed unless you complete all requirements successfully and the appropriate amount of time has passed. Until then you must continue to register as a sex offender even if you have successfully completed probation, or a corrections sentence, or both. You can not automatically stop registering just because the time requirement has passed or because you have been released from probation or parole. You must have your petition granted by a judge who can then end the mandatory registration. If you fail to get this order from the judge then you will be prosecuted for Failure to Register.
What Kind of Probation is Required if I get a Different Charge Not Sex Related?
If you have had any sex offense in your lifetime, any sex offense charge and you pick up any sort of non-sex offense charge, for example, a DUI you must complete a sex-based probation for the new charge.
Get in Touch with an Attorney
Registering as a sex offender and deregistering from the sex offender’s registry is a hard and complicated process. Get in touch with an attorney if you have any questions or plan to proceed with de-registration. Having a lawyer on your side could increase the likelihood of getting a petition granted and successfully completing registration, probation or parole.
By Shannon Lynch