SB 18-026

Senate Bill 18-026, titled "Make Sex Offender Registration More Effective," aims to modify Colorado’s sex offender registration laws. It allows individuals who would not have been required to register if convicted in Colorado for certain offenses to petition the court to stop their registration requirement. Additionally, it permits law enforcement agencies to waive in-person registration requirements for those with severe physical or intellectual disabilities, provided there is medical documentation and regular verification of their address. The bill also updates rules for discontinuing registration by requiring courts to grant petitions if registrants have completed their sentences without further sex offenses and a waiting period has passed. It includes provisions for permanently incapacitated individuals who do not pose an unreasonable public safety risk. This bill was signed into law, meaning its changes are now in effect.

Official Summary

Under current law, a person is required to register as a sex offender (registrant) in Colorado if he or she is a Colorado resident and is required to register in another state. The bill allows a person to petition the court for an order that discontinues the requirement for registration for offense classifications that would not be required to register for if convicted in Colorado. In addition, a registrant is required to register in person at his or her local law enforcement agency. The bill allows the law enforcement agency to waive the in-person registration requirement after initial registration if the person suffers from a chronic physical or intellectual disability to the extent that it is a severe hardship to register in person and there is a medical record of the disability. If the waiver is authorized, the law enforcement agency must reregister the registrant after verifying the registrant's address and provide documentation of the waiver to the Colorado bureau of investigation and any other law enforcement agency with which the person registers. Under current law, specified registrants can file a petition to discontinue registration. The bill requires the court to grant a petition to discontinue registration if the registrant has successfully completed his or her sentence, the registrant has not been convicted of a subsequent sex offense, and the required waiting period has expired unless the prosecuting attorney or victim objects and presents credible evidence that the registrant is likely to commit a subsequent offense of unlawful sexual behavior. Notwithstanding any statutory barriers to the contrary, the bill allows a registrant or his or her legal representative to file a petition to discontinue registration if the registrant is permanently incapacitated and does not present an unreasonable public safety risk. The court shall grant the petition if the petitioner shows that the registrant is incapacitated, does not present an unreasonable public safety risk, and is not likely to commit a subsequent sex offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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