Colo. Rev. Stat. § 16-11.7-104 (2026)

(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.

Source: L. 92: Entire article added, p. 460, § 3, effective June 2. L. 2011: (1) amended, (HB 11-1138), ch. 236, p. 1022, § 4, effective May 27. L. 2023: (1) amended, (SB 23-164), ch. 349, p. 2089, § 4, effective June 5.

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.

(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

(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.

Source: L. 92: Entire article added, p. 460, § 3, effective June 2. L. 94: (1) amended, p. 2651, § 126, effective July 1. L. 2000: Entire section amended, p. 236, § 6, effective July 1. L. 2011: Entire section amended, (HB 11-1138), ch. 236, p. 1023, § 5, effective May 27. L. 2016: Entire section amended, (HB 16-1345), ch. 347, p. 1415, § 2, effective August 10. L. 2023: (1.5) and (3) added and (2) amended, (SB 23-164), ch. 349, p. 2089, § 5, effective June 5.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.

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).

(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.

(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.

(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.

Source: L. 92: Entire article added, p. 461, § 3, effective June 2. L. 94: Entire section amended, p. 2652, § 127, effective July 1. L. 95: Entire section amended, p. 468, § 15, effective July 1. L. 99: Entire section amended, p. 1151, § 16, effective July 1. L. 2000: Entire section amended, p. 926, § 21, effective July 1. L. 2004: (2) amended, p. 813, § 1, effective July 1. L. 2011: Entire section R&RE, (HB 11-1138), ch. 236, p. 1023, § 6, effective May 27. L. 2016: (7) R&RE, (HB 16-1345), ch. 347, p. 1416, § 3, effective August 10. L. 2019: (7)(a) and (7)(c)(I) amended, (HB 19-1172), ch. 136, p. 1672, § 85, effective October 1. L. 2023: (1.5) and (8) added and IP(2)(a), (2)(a)(I), and (2)(b) amended, (SB 23-164), ch. 349, p. 2093, § 6, effective June 5.

Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.