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Legislative Year: 2021 Change
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Bill Detail: HB21-1064

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Title Update Processes Juvenile Sex Offender Registry
Status Introduced In Senate - Assigned to Judiciary (04/30/2021)
Bill Subjects
  • Children & Domestic Matters
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
House Sponsors A. Benavidez (D)
J. Amabile (D)
Senate Sponsors R. Rodriguez (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 02/16/2021
Summary

The bill implements various recommendations of the legislative
oversight committee concerning the treatment of persons with mental

health disorders in the criminal and juvenile justice systems regarding
juveniles who have committed sex offenses, including:
  • Specifying that if a juvenile who is moving to Colorado
would be otherwise required to register on Colorado's sex
offender registry (registry) but the juvenile's duty to register
in another state has been terminated by a court order, then
the juvenile is not required to register or petition the court
for removal from the registry;
  • Expanding judicial discretion at the time of sentencing to
exempt from registration or from requiring juveniles to
register for all first offense registerable juvenile sex crimes
if a sex offender management board evaluator recommends
exemption and the juvenile is otherwise statutorily eligible;
  • Adding language to adult or juvenile provisions that
currently reference only crimes defined as unlawful sexual
behavior to also include convictions and adjudications for
nonsexual crimes where there has been, pursuant to statute,
a judicial finding of an underlying factual basis involving
unlawful sexual behavior;
  • Adding a requirement for the court to send notice before
the end of each juvenile's sentence concerning a juvenile's
duty to register and set a hearing to consider the juvenile's
ongoing duty to register;
  • Adding language that if a person is required to register due
to an adjudication or disposition as a juvenile, the duty to
register automatically terminates either when the person
reaches 25 years of age or 7 years from the date the
juvenile was required to register, whichever occurs later;
  • Adding language that if a person whose duty to register has
automatically terminated either attempts to register or
inquires with local law enforcement as to whether the duty
to register has automatically terminated, local law
enforcement shall advise the person that the person's duty
to register terminated, remove the person from any local
law enforcement registry, and notify the Colorado bureau
of investigation (CBI) that the person's duty to register has
terminated. Local law enforcement or the CBI may charge
a fee, not to exceed $15, to determine whether a person's
duty to register has terminated.
  • Allowing a person whose duty to register arose from an
adjudication or disposition as a juvenile, and whose duty to
register automatically terminated when the person reached
25 years of age or 7 years had passed from the date the
person was required to register, whichever was later, but
the person's name has not already been removed from the
sex offender registry, to petition for an order to remove the
person's name from the sex offender registry;
  • Changing the current law that allows the Colorado bureau
of investigation (CBI) to inform a requesting party if a
person is on the registry so that the CBI may release
information about a juvenile only under certain restrictions;
  • Requiring the CBI to collect data on the number of times
information is requested and released concerning juveniles
on the registry;
  • Creating a new unclassified misdemeanor for members of
the public who submit a false statement to the CBI for
purposes of obtaining juvenile registry information or who
use such information in a prohibited manner;
  • Updating current law regarding the posting of information
on the registry to the internet to specifically exclude
juveniles;
  • Clarifying that a local law enforcement agency may not
release or post on its website information regarding
juveniles on the registry;
  • Changing current law that requires lifetime registration for
an adult who has more than one adjudication as a juvenile
so that juvenile adjudications alone may not trigger
mandatory lifetime registration; and
  • Updating language in the Colorado Crime Victim Rights
Act to clarify victim rights when a petition or motion is
made to terminate sex offender registration.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (04/27/2021) (most recent)  
Additional Bill Documents Bill Documents
Including:
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  • Past fiscal notes
  • Committee activity and documents
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