(1) If the court sentences a sex offender to probation, in addition to any conditions imposed pursuant to section 18-1.3-204, the court shall require as a condition of probation that the sex offender participate until further order of the court in the intensive supervision probation program created pursuant to section 18-1.3-1007.
(1.5) If the court as a condition of probation sentences a sex offender to a residential community corrections program, following completion of the minimum period of sentence specified by the court, the community corrections program shall notify the judicial department when it determines that the sex offender has successfully progressed in treatment and would not pose an undue threat to the community if allowed to live in the community while continuing on intensive supervision probation. The community corrections program shall base its determination on the criteria established by the management board pursuant to section 18-1.3-1009. The judicial department shall file the recommendations of the community corrections program with the court. Upon order of the court, the sex offender shall be released from the community corrections program, and the court shall order the sex offender, as a condition of probation, to participate in the intensive supervision program created in section 18-1.3-1007. The sex offender shall participate in such program until further order of the court.
(2) On completion of twenty years of probation for any sex offender convicted of a class 2 or 3 felony or on completion of ten years of probation for any sex offender convicted of a class 4 felony, the court shall schedule a review hearing to determine whether the sex offender should be discharged from probation. In making its determination, the court shall determine whether the sex offender has successfully progressed in treatment and would not pose an undue threat to the community if allowed to live in the community without treatment or supervision. The sex offender's probation officer and treatment provider shall make recommendations to the court concerning whether the sex offender has met the requirements of this section such that he or she should be discharged from probation.
(3) (a) In determining whether to discharge a sex offender from probation pursuant to this section, the court shall consider the recommendations of the sex offender's probation officer and treatment provider. The recommendations of the probation officer and the treatment provider shall be based on the criteria established by the management board pursuant to section 18-1.3- 1009. If the court chooses not to follow the recommendations made, the court shall make findings on the record in support of its decision.
(b) If the court does not discharge the sex offender from probation pursuant to paragraph (a) of this subsection (3), the court shall review such denial at least once every three years until it determines that the sex offender meets the criteria for discharge as specified in paragraph (a) of this subsection (3). At each review, the sex offender's probation officer and treatment provider shall make recommendations, based on the criteria established by the management board pursuant to section 18-1.3-1009, concerning whether the sex offender should be discharged.
Source: L. 2002: Entire article added with relocations, p. 1441, § 2, effective October 1.
Editor's note: This section is similar to former § 16-13-808 as it existed prior to 2002.
18-1.3-1009. Criteria for release from incarceration, reduction in supervision, and discharge. (1) On or before July 1, 1999, the management board, in collaboration with the department of corrections, the judicial department, and the parole board, shall establish:
(a) The criteria by and the manner in which a sex offender may demonstrate that he or she would not pose an undue threat to the community if released on parole or to a lower level of supervision while on parole or probation or if discharged from parole or probation. The court and the parole board may use the criteria to assist in making decisions concerning release of a sex offender, reduction of the level of supervision for a sex offender, and discharge of a sex offender.
(b) The methods of determining whether a sex offender has successfully progressed in treatment; and
(c) Standards for community entities that provide supervision and treatment specifically designed for sex offenders who have developmental disabilities. At a minimum, the standards shall determine whether an entity would provide adequate support and supervision to minimize any threat that the sex offender may pose to the community.
Source: L. 2002: Entire article added with relocations, p. 1442, § 2, effective October 1.
Editor's note: This section is similar to former § 16-13-809 as it existed prior to 2002.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 2003–2021 · leading case:
People v. Dinkel, 2013 COA 19, 321 P.3d 569.
People v. Dinkel, 2013 COA 19, 321 P.3d 569.
· cites it 17× “T11 Section 18-1.3-1008@8), C.R.S.2012, addresses the factors a court must consider when determining whether to discharge a sex offender from probation pursuant to section 18-1.”
People v. Jenkins, 2013 COA 76, 305 P.3d 420.
· cites it 3× “{18 One way in which defendant could have been classified as a sex offender is found in section 18-1.3-1008(4), C.R.S.2012. That statute states that a "sex offender" is a person who "pleads guilty .”
People v. Tillery, 231 P.3d 36 (Colo. Ct. App. 2009).
· cites it 2× “3-401(10); Notwithstanding the provisions of paragraph (a) of this subsection (1), any person convicted of a sex offense, as defined in section 18-1.3-1008(5), committed on or after November 1, 1998, that constitutes a crime of violence shall be sentenced to the department of…”
People v. Clark, 214 P.3d 531 (Colo. Ct. App. 2009).
“§ 18-1.3-1008(5)(a)(I)(A). The Act requires that only the upper end of a sentence be indeterminate.”
People v. Harrison, 165 P.3d 859 (Colo. Ct. App. 2007).
· cites it 6× “'Sex offender' also means any person sentenced as a sex offender pursuant to section 18-1.”
Allen v. People, 2013 CO 44, 307 P.3d 1102.
“3d 1096 , 2013 WL 3822612 (involving sexually violent predator designation for conviction of class 5 felony attempted sexual assault on an child), inchoate offenses amounting to no more than misdemeanors or class 5 or 6 felonies, crimes for which sentencing pursuant to the…”
Chavez v. People, 2015 CO 62, 359 P.3d 1040.
· cites it 3× “- Section 406(1)(b) provides in relevant part: [AJny person convicted of a sex offense, as defined in section 18-1.3-1008(5), committed on or after November 1, 1998, that constitutes a crime of violence shall be sentenced to the department of corrections for an indeterminate…”
In Re The PEOPLE of the State of Colorado v. Michael Anthony MANAOIS, 488 P.3d 1099 (Colo. 2021).
· cites it 4× “( 2020 ) ) ; § 18-1.3-1008 (1) , C.R.S. ( 2020 ) . Consequently, the program may include, but is not limited to, "severely restricted activities," daily contact with the probation officer, monitored curfew, home visits, employment visits, and restitution.”
People v. Valenzuela, 98 P.3d 951 (Colo. Ct. App. 2004).
· cites it 11× “Section 18-1.3-1008(1), C.R.S.2003 (emphasis added).”
People v. Klausner, 74 P.3d 421 (Colo. Ct. App. 2003).
· cites it 3× “As pertinent here, § 18-1.3-1008(4), C.R.S. 2002, defines "sex offender" as "a person who is convicted of .”
People v. Anderson, 2015 COA 12, 348 P.3d 491.
· cites it 17× “Opinion by JUDGE NAVARRO T1 Defendant, Jason Seott Anderson, appeals the district court's order denying his motion to terminate his probation pursuant to section 18-1.3-1008(2), C.R.S.2014. That statute permits a court to discharge the indeterminate probation sentence of a sex…”
People v. Madden, 87 P.3d 153 (Colo. Ct. App. 2004).
· cites it 3× “3-1003(5)(b) should be read to refer to the sex offenses listed in § 18-1.3-1008(5)(a). Defendant contends that such an interpretation is an unconstitutional retroactive expansion of a criminal statute.”
Colo. Rev. Stat. § 18-1.3-1008(1): 3 cases
People v. Dinkel, 2013 COA 19, 321 P.3d 569.
“T11 Section 18-1.3-1008@8), C.R.S.2012, addresses the factors a court must consider when determining whether to discharge a sex offender from probation pursuant to section 18-1.”
People v. Valenzuela, 98 P.3d 951 (Colo. Ct. App. 2004).
“Section 18-1.3-1008(1), C.R.S.2003 (emphasis added).”
Colo. Rev. Stat. § 18-1.3-1008(2): 3 cases
People v. Dinkel, 2013 COA 19, 321 P.3d 569.
“T11 Section 18-1.3-1008@8), C.R.S.2012, addresses the factors a court must consider when determining whether to discharge a sex offender from probation pursuant to section 18-1.”
People v. Anderson, 2015 COA 12, 348 P.3d 491.
“Opinion by JUDGE NAVARRO T1 Defendant, Jason Seott Anderson, appeals the district court's order denying his motion to terminate his probation pursuant to section 18-1.3-1008(2), C.R.S.2014. That statute permits a court to discharge the indeterminate probation sentence of a sex…”
Colo. Rev. Stat. § 18-1.3-1008(3)(a): 1 case
People v. Valenzuela, 98 P.3d 951 (Colo. Ct. App. 2004).
“Section 18-1.3-1008(1), C.R.S.2003 (emphasis added).”
Colo. Rev. Stat. § 18-1.3-1008(4): 3 cases
People v. Jenkins, 2013 COA 76, 305 P.3d 420.
“{18 One way in which defendant could have been classified as a sex offender is found in section 18-1.3-1008(4), C.R.S.2012. That statute states that a "sex offender" is a person who "pleads guilty .”
People v. Klausner, 74 P.3d 421 (Colo. Ct. App. 2003).
“As pertinent here, § 18-1.3-1008(4), C.R.S. 2002, defines "sex offender" as "a person who is convicted of .”
People v. Harrison, 165 P.3d 859 (Colo. Ct. App. 2007).
“'Sex offender' also means any person sentenced as a sex offender pursuant to section 18-1.”
Colo. Rev. Stat. § 18-1.3-1008(5): 4 cases
People v. Tillery, 231 P.3d 36 (Colo. Ct. App. 2009).
“3-401(10); Notwithstanding the provisions of paragraph (a) of this subsection (1), any person convicted of a sex offense, as defined in section 18-1.3-1008(5), committed on or after November 1, 1998, that constitutes a crime of violence shall be sentenced to the department of…”
People v. Harrison, 165 P.3d 859 (Colo. Ct. App. 2007).
“'Sex offender' also means any person sentenced as a sex offender pursuant to section 18-1.”
Chavez v. People, 2015 CO 62, 359 P.3d 1040.
“- Section 406(1)(b) provides in relevant part: [AJny person convicted of a sex offense, as defined in section 18-1.3-1008(5), committed on or after November 1, 1998, that constitutes a crime of violence shall be sentenced to the department of corrections for an indeterminate…”
People v. Klausner, 74 P.3d 421 (Colo. Ct. App. 2003).
“As pertinent here, § 18-1.3-1008(4), C.R.S. 2002, defines "sex offender" as "a person who is convicted of .”
Colo. Rev. Stat. § 18-1.3-1008(5)(a): 1 case
People v. Madden, 87 P.3d 153 (Colo. Ct. App. 2004).
“3-1003(5)(b) should be read to refer to the sex offenses listed in § 18-1.3-1008(5)(a). Defendant contends that such an interpretation is an unconstitutional retroactive expansion of a criminal statute.”
Colo. Rev. Stat. § 18-1.3-1008(5)(a)(I)(A): 1 case
People v. Clark, 214 P.3d 531 (Colo. Ct. App. 2009).
“§ 18-1.3-1008(5)(a)(I)(A). The Act requires that only the upper end of a sentence be indeterminate.”
Colo. Rev. Stat. § 18-1.3-1008(5)(a)(V): 1 case
Chavez v. People, 2015 CO 62, 359 P.3d 1040.
“- Section 406(1)(b) provides in relevant part: [AJny person convicted of a sex offense, as defined in section 18-1.3-1008(5), committed on or after November 1, 1998, that constitutes a crime of violence shall be sentenced to the department of corrections for an indeterminate…”
Colo. Rev. Stat. § 18-1.3-1008(5)(b): 2 cases
Allen v. People, 2013 CO 44, 307 P.3d 1102.
“3d 1096 , 2013 WL 3822612 (involving sexually violent predator designation for conviction of class 5 felony attempted sexual assault on an child), inchoate offenses amounting to no more than misdemeanors or class 5 or 6 felonies, crimes for which sentencing pursuant to the…”
People v. Madden, 87 P.3d 153 (Colo. Ct. App. 2004).
“3-1003(5)(b) should be read to refer to the sex offenses listed in § 18-1.3-1008(5)(a). Defendant contends that such an interpretation is an unconstitutional retroactive expansion of a criminal statute.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.