1998 Lifetime Supervision Act (The Act, LSA)

The following is the Digest (similar to an overview) of the 1998 Lifetime Supervision Act, also referred to as “The Act” or “LSA”.  A pdf of the bill can be found at: http://www.state.co.us/gov_dir/leg_dir/olls/sl1998/sl_303.pdf

H.B. 98-1156 Sex offenders – lifetime supervision – incarceration – parole – probation – appropriation. Enacts the “Colorado Sex Offender Lifetime Supervision Act of 1998”. Defines “sex offense” to include all class 2, 3, or 4 felony sex offenses except specified sex offenses involving exploitation of children. Defines “sex offender” as anyone who is convicted of or pleads guilty or nolo contendere to a sex offense or who is otherwise sentenced as a sex offender.

        Requires the court to sentence sex offenders to incarceration for an indeterminate term of at least the minimum of the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life or to probation for an indeterminate term of at least 10 years for a class 4 felony or 20 years for a class 2 or 3 felony up to a maximum of the sex offender’s natural life. If the sex offense committed was a crime of violence, sets the minimum of the indeterminate sentence at the midpoint in the presumptive range for the level of offense committed, and prohibits the court from sentencing a sex offender who commits a crime of violence to probation. If the sex offense committed renders a sex offender eligible for sentencing as a habitual sex offender against children, sets the minimum of the indeterminate sentence at the upper limit of the presumptive range for the level of offense committed, and prohibits the court from sentencing said sex offender to probation.

        Allows the court to sentence as a sex offender a person convicted of one of the specified sex offenses involving exploitation of children if an evaluation indicates that the person is a sexually violent predator.

        Requires all sex offenders, as part of their sentence, to undergo sex offender evaluation and treatment. Specifies that, if a sex offender is sentenced for another crime arising out of the same incident as the sex offense, the sentences shall be served consecutively, not concurrently. Specifies that the sentencing provisions of the act shall take precedence over any sentence imposed for a non-sex offense, unless the non-sex offense is a class 1 felony.

        For sex offenders sentenced to the department of corrections:

• After completion of the minimum term of incarceration, minus any earned time, instructs the state board of parole to schedule a hearing to determine whether the sex offender should be released on parole and to grant subsequent reviews if necessary;
• Requires a paroled sex offender to participate in the intensive supervision parole program for sex offenders;
• Allows the sex offender’s parole officer to petition the state board of parole for a reduction in the level of parole supervision, and allows the parole officer to return the sex offender to intensive supervision if necessary to protect the public safety;
• After 20 years on parole for a sex offender convicted of a class 2 or 3 felony or 10 years on parole for a sex offender convicted of a class 4 felony, grants the sex offender an automatic hearing, and subsequent reviews if necessary, to determine whether he or she may be released from parole;
• Instructs the department of corrections to make recommendations to the state board of parole regarding whether a sex offender should be released from incarceration and the level of treatment and monitoring the offender should receive. Instructs the sex offender’s parole officer and treatment provider to make recommendations regarding whether the level of parole supervision should be reduced and whether the sex offender should be discharged from parole.
• Requires the state board of parole to consider the recommendations of the department, the parole officer, and the treatment provider and to make findings on the record if it chooses not to follow them;
• Provides that the sex offender may be subject to arrest and revocation of parole on the same grounds as parolees who are not sex offenders;
• Instructs the sex offender’s parole officer and treatment provider to make recommendations at the revocation hearing, and requires the state board of parole to consider the recommendations and to make findings on the record if it chooses not to follow them.

        For sex offenders sentenced to probation:

• Requires the sex offender to participate in an intensive probation supervision program for sex offenders;
• After completion of 20 years on probation for a sex offender convicted of a class 2 or 3 felony, or 10 years on probation for a sex offender convicted of a class 4 felony, requires the court to schedule a hearing to consider whether the sex offender should be discharged from probation and to grant subsequent reviews, if necessary;
• Requires the sex offender’s probation officer and treatment provider to make recommendations to the court concerning whether the sex offender should be discharged from probation;
• Requires the court to consider the recommendations and make findings on the record if it chooses not to follow them;
• Provides that the sex offender may be subject to arrest and revocation of probation on the same grounds as probationers who are not sex offenders;
• Instructs the sex offender’s probation officer and treatment provider to make recommendations to the court at the revocation hearing, and requires the court to consider the recommendations and make findings on the record if it chooses not to follow them.

        Instructs the department of corrections to create an intensive supervision parole program for sex offenders and the judicial department to create an intensive supervision probation program for sex offenders. Specifies the minimum requirements for both programs. Allows any person who is convicted of indecent exposure, class 5 felony criminal attempt, conspiracy, or solicitation to commit a sex offense, or any of the specified sex offenses involving exploitation of children to be required to participate in the programs.

        Provides that a sex offender should be released from incarceration, receive a reduced level of supervision, or be discharged from parole or probation if the sex offender has successfully progressed in treatment and would not pose an undue threat to the community. In the case of release on parole, requires the state board of parole to determine whether there is a reasonable possibility that the sex offender will not commit a crime while on parole.

        Beginning November 1, 2000, requires the department of corrections, the department of public safety, and the judicial department to submit an annual report to the judiciary committees of the senate and the house of representatives concerning implementation of the act.

        Instructs the sex offender management board, in collaboration with the department of corrections, the judicial department, and the state board of parole, to establish criteria concerning whether the sex offender has met the standard for release or reduction in supervision and standards for entities providing treatment services for sex offenders with developmental disabilities. Requires the recommendations of the department of corrections, parole officers, probation officers, and treatment providers to be based on the criteria established by the sex offender management board.

        Specifies that the “Colorado Sex Offender Lifetime Supervision Act of 1998” applies to persons convicted of sex offenses committed on or after November 1, 1998.

        Allows the state board of parole to defer reconsideration of a request for release on parole for periods of up to 3 years for any person convicted of a sexual offense prior to November 1, 1998.

        For fiscal year 2002-03, transfers $8,307,509 from the general fund to the capital construction fund and appropriates said amount to the corrections expansion reserve fund.

        For fiscal year 1998-99, makes the following appropriations from the general fund:

• $81,119 and 1.0 FTE to the department of public safety;
• $947,890 and 15.9 FTE to the judicial department;
• $103,796 and 2.2 FTE to the department of corrections.

APPROVED by Governor June 1, 1998
EFFECTIVE November 1, 1998