Sometimes, Colorado courts can sentence sex offenders to probation in lieu of prison. If you’re sentenced to probation for a Colorado sex crime, the courts will require you to participate in Colorado’s Sex Offender Intensive Supervised Probation (SOISP). Colorado’s SOISP includes many obligations, each of which must be fulfilled or you can get sent to prison to serve out your full sentence.
More About Colorado’s Sex Offender Intensive Supervision Probation (SOISP)
Judges have the discretion to consider SOISP for Colorado sex offenders unless the crimes they committed were:
- “Crimes of violence”
- Habitual offenses
- Inclusive of sexual penetration or sexual intrusion and (a) the victim was under 12 years old (b) you were at least 18 years old and (c) you were at least 10 years older than the victim
In the event you do not fall into any of the above categories, the judge might consider allowing you to be sentenced to Sex Offender Intensive Supervision Probation if he or she believes that decision is in the best interest of both you and the community at large.
SOISP lasts for 10 years in Colorado if you’re convicted of a class 4 felony; the penalty is 20 years for class 2 or class 3 felonies. With this said, you might be on probation for the rest of your life.
The Statute: Sex Offender Intensive Supervision Probation 18-1.3-1007, C.R.S.
Sex Offender Intensive Supervision Probation 18-1.3-1007, C.R.S.
(1) (a) The judicial department shall establish an intensive supervision probation program for sex offenders sentenced to probation pursuant to this part 10. In addition, the court shall require a person, as a condition of probation, to participate in the intensive supervision probation program established pursuant to this section if the person is convicted of one of the following offenses and sentenced to probation:
- Indecent exposure
- Criminal attempt, conspiracy, or solicitation to commit;
- Sexual assault in the first degree,
- Sexual assault in the second degree,
- Felony unlawful sexual contact,
- Felony sexual assault in the third degree,
- Sexual assault on a child,
- Sexual assault on a child by one in a position of trust,
- Aggravated sexual assault on a client by a psychotherapist,
- Enticement of a child,
- Aggravated incest,
- Patronizing prostituted child,
- Class 4 felony internet luring of a child,
- Internet sexual exploitation of a child,
- Which Attempt, conspiracy, or solicitation would constitute a class 5 felony.
- Any of the offenses of unlawful sexual behavior specified in section 16-22-102:
- Trafficking in children,
- Sexual exploitation of children,
- Procurement of a child for sexual sexploitation,
- Soliciting for child prostitution,
- Pandering of a child,
- Procurement of a child,
- Keeping a place of child prostitution,
- Pimping of a child,
- Inducement of a child prostitution.
- Any felony offense that involves unlawful sexual behavior or any felony offense with an underlying factual basis of, as determined by the court, resulting in a conviction or plea of guilty or nolo contendere on or after July 1 2001.
- Sexual assault in the third degree, in violation of section 18-3-404 (2), as it existed prior to July 1, 2000.
- The judicial department may establish the intensive supervision probation program in any judicial district or combination of judicial districts.
- In addition to the persons specified in subsection (1) of this section, the court may require any person convicted of felony failure to register as a sex offender, as described in section 18-3-412.5, and sentenced to probation to participate, as a condition of probation and until further order of the court, in the intensive supervision probation program established pursuant to this section.
(2) The judicial department shall require that sex offenders and any other persons participating the intensive supervision probation program created pursuant to this section receive the highest level or supervision that is provided to probationers. The intensive supervision probation program may include but not be limited to severely restricted activities, daily contact between the sex offender or other person and the probation officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, including physiological monitoring, and payment of restitution. In addition, the intensive supervision pronation program shall be designed to minimize the risk to the public to the greatest extent possible.
(3) The judicial department shall establish and enforce standards and criteria for administration of the intensive supervision probation program created pursuant tot his section.
This is not legal advice. This is a break down of the Statute.
Call the Law Offices of M. Colin Bresee for Help
If you or someone you know has been accused of a sex crime in Colorado, it’s important to make sure you understand all parts of this statute, and you should have a criminal defense attorney go over the specifics with you.
Please contact our team for a free consultation on your unique situation. Our Colorado sex crimes attorneys will work hard to help you negotiate the most favorable position for your case, including fighting for SOISP instead of prison time.
ONCE A SEX OFFENDER – ALWAYS A SEX OFFENDER IS COLORADO LAW
PRIOR Sex OFFENSE CONVICTION IN LIFETIME IS NEW SEX OFFENSE PROBATION REGARDLESS OF THE CRIME
Colorado not only believes this they have made this the law. If you have a previous conviction for a sex offense in your life and you pick up a new charge, you will have to get a sex offense evaluation for the new charge EVEN IF the new charge has nothing to do with a sexual offense. Keep reading
Here is the actual law:
16-11.7-104. Sex offenders – evaluation and identification required
The language of § 16-11.7-104 is:
(1) 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 shall be required, as a part of the presentence or probation investigation required pursuant to section 16-11-102, 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.
Is this true? Let us give you an example. If you had a sex offense conviction in 2000 (20 years ago), such as indecent exposure of peeing in public, and you pick up a DUI in 2022, what happense.
- WILL have to get a new sex offense evaluation and
- You will have to go on sex offense probation for your new DUI.
Colorado’s law is policy is that once a sex offender, always a sex offender.