For sex offenders considered low-risk and non-violent in Colorado, the Sex Offender Intensive Supervision Program also referred to as SOISP, may be an option.
This intensive probation program is for sex offenders not yet condemned to prison. The obligations and restrictions put in place by the program are pretty severe. Any violations of the program will remand the probationer to prison, where they will serve out the rest of their sentence.
There is a lot to understand about SOISP. Understanding the program’s specifics will help you know who it’s for and what is expected of someone who participates.
Eligibility for SOISP in Colorado
In Colorado, certain people who are found guilty of a sex offense get sentenced by the judge to probation in Colorado’s SOISP. However, certain people will not be eligible for the program in the state, such as those who:
- Committed a sexual offense that is considered a crime of violence
- Are considered a habitual sex offender in Colorado and subject to that sentencing
- The offense the person gets convicted of included sexual intrusion or sexual penetration of someone under the age of 12 and the offender was at least 18 or 10 years older than the victim
Anyone who falls into those categories will not be eligible for SOISP and will instead get sentenced to imprisonment. If they don’t fall into the categories above, then it is entirely up to the court to decide if the defendant is a good candidate for SOISP. Still, it’s more likely to be granted to those who have not considered high risk have a low chance of committing the crime again, and don’t threaten the public’s safety.
How Long Does SOISP Last?
In Colorado, anyone convicted of a Class 4 felony will be subject to probation for ten years. Anyone convicted of a Class 2 or Class 3 felony will be subject to probation for 20 years. Note, however, that these convictions can be subject to probation for life if the court feels it is necessary.
The Conditions of SOISP
- Sex offender evaluation and treatment program
- Registration as a sex offender in the state
- Testing for genetic markers
- No use of alcohol or drugs
- No contact with children, even those you parent
- No contact with victims
- You cannot date or marry anyone under the age of 18 without the approval of the state
- No pornography possession
- You cannot move residences unless the state approves it
Those are the most common conditions of SOISP. The judge can add the following.
- A GPS bracelet for electronic monitoring
- Treatment for substance abuse
- Unannounced visits from law enforcement and probation officers
- Curfews you must abide by
- Mental health treatment
- Testing through polygraph machines
- Other forms of community corrections or supervision as the court sees fit
If you violate any of these conditions of your SOISP, then you can be sent to prison to serve out the remainder of your sentence.
SOISP is intense, so make sure you have an attorney to help guide you through the court process.
About the Author:
Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019-2022” and a “Top 100 Trial Lawyers in Colorado” for 2012-2022 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020-2022. Ms. Diego has also been recognized for her work in domestic violence cases.