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FREE CASE REVIEW

Who Is A Sex Offender?

In Colorado, an individual is a “sex offender” for purposes of mandatory treatment if one of the following is true: (1) he/she was convicted in Colorado on or after January 1994 of any sex offense, felony or misdemeanor, including the successful competition of a deferred judgment/ deferred sentence for any sex offense, felony or misdemeanor; (2) he/she was convicted in Colorado on or after January 1994 of any criminal offense & has been previously convicted of a sex offense in Colorado or any other jurisdiction, or if such person has a “history of any sex offenses”; or, (3) he/she was convicted in Colorado after July 2000 of any criminal offense where there is an underlying factual basis which involves a sex offense, although he/she did not actually plead to a sex offense. Thus, a person can be a sex offender for purposes of mandatory sex offender treatment even if he/she does not have a conviction for a sex offense.

 

If you meet the definition of a “sex offender”, you will be required to submit to a sex offense specific evaluation. You will be required to pay for that evaluation unless the Court determines that you do not have the ability to pay for that evaluation. The evaluation’s purpose is to identify levels of risk and specific risk factors, and will be used by probation to make recommendations to the Court regarding supervision, treatment, behavioral monitoring, and any other terms related to the sentencing of offenders. You must be evaluated by an individual who is an approved evaluator on the list established by the SOMB, or Sex Offender Management Board. You also will be required to undergo polygraph testing.

 

Regardless of whether you are sentenced to probation, parole, community corrections, jail, or prison, you will be required to sign a contract with a Sex Offender Management Board provider that will describe the conditions of your treatment. You will be required to participate in group therapy, and you may also be required to participate in individual therapy. You will be required to submit to periodic polygraph testing, and any refusal to cooperate with a polygraph will be considered a violation of your probation. Although courts do not recognize polygraphs as reliable evidence, polygraph testing is relied heavily upon in sex offender treatment.