Being listed on the sex offender registry can have lifelong consequences, affecting various aspects of an individual’s personal and professional life. In Colorado, as in many states, the process of getting your name removed from the sex offender registry is complex and stringent. In this blog, we will explore the steps and information about how to remove your name from Colorado’s sex offender registry potentially.
Understanding Colorado’s Sex Offender RegistryOccasionally, the State will file charges against a juvenile in adult court (district court) – . The direct file system allows Colorado prosecutors to try juveniles who are 16 years or older as adults, primarily in situations where it is alleged that the juvenile committed a violent crime. Under this system, the prosecutor directly files the case in adult court without first having to hold a transfer hearing by a judge who decides whether such a move would be appropriate.
However, Governor Hickenlooper signed a bill limiting the ability of prosecutors to direct file on a juvenile in April of 2012. The bill raised the age at which a young offender may be charged as an adult from 14 to 16. Additionally, the bill bars prosecutors from charging juveniles as adults for many low and mid-level felonies. Felonies which would make a 16 or 17 year old eligible to be direct filed on are: any class 1 or 2 felony, any sexual assault that is a crime of violence, any felony defined as a crime of violence, or sexual assault on a child. Additionally, the juvenile must have at least one prior adjudicated felony offense to be eligible for direct filing. Once a juvenile is direct filed on, the juvenile would be entitled to a preliminary hearing where the district court will determine whether there is probable cause for an offense eligible for direct filing; if not, the case is remanded back to the juvenile court.
Oftentimes, judges sentence juveniles convicted as an adult to a prison sentence suspended on condition of successful completion of Colorado’s Youthful Offender System (YOS) – a program that aims to prepare those convicted under direct file to be productive members of society. This program was created by the Department of Corrections pursuant to a Special Session of the General Assembly. A juvenile sentenced to YOS will be kept separate from and not brought into physical contact with adult inmates. A YOS sentence consists of educational and prevocational programs during Phases I and II, and a period of highly structured community monitoring during Phase III.