This part 9 shall be known and may be cited as the “Colorado Sex Offenders Act of 1968”. Source: L. 2002: Entire article added with relocations, p. 1430, § 2, effective October 1. Editor’s note: This section is similar to former § 16-13-201 as it existed prior to 2002.
The provisions of this part 9 shall apply to persons sentenced for offenses committed prior to November 1, 1998. Source: L. 2002: Entire article added with relocations, p. 1431, § 2, effective October 1. Editor’s note: This section is similar to former § 16-13-201.5 as it existed prior to 2002.
As used in this part 9, unless the context otherwise requires: “Board” means the state board of parole. “Conviction” means conviction after trial by court or jury or acceptance of a plea of guilty. “Department” means the department of corrections. “Sex offender” means a person convicted of a sex offense. “Sex offense” means sexual assault, […]
The district court having jurisdiction may, subject to the requirements of this part 9, in lieu of the sentence otherwise provided by law, commit a sex offender to the custody of the department for an indeterminate term having a minimum of one day and a maximum of his or her natural life. Source: L. 2002: […]
Before the district court may accept a plea of guilty from any person charged with a sex offense, the court shall, in addition to any other requirement of law, advise the defendant that he or she may be committed to the custody of the department, including any penal institution under the jurisdiction of the department, […]
Within twenty-one days after the conviction of a sex offense, upon the motion of the district attorney, the defendant, or the court, the court shall commence proceedings under this part 9 by ordering the district attorney to prepare a notice of the commencement of proceedings and to serve that notice upon the defendant personally. Source: […]
Upon the commencement of proceedings, the court shall advise the defendant, orally and in writing, that: The defendant is to be examined in accordance with the provisions of section 18-1.3-908; The defendant has a right to counsel, and, if the defendant is indigent, counsel will be appointed to represent him or her; The defendant has […]
After advising the defendant of his or her rights, the court shall forthwith commit the defendant to the Colorado mental health institute at Pueblo, the university of Colorado psychiatric hospital, or the county jail. If committed to the Colorado mental health institute at Pueblo or the university of Colorado psychiatric hospital, the defendant shall be […]
Upon the commencement of proceedings under this part 9, the court shall order an investigation and report to be made by the probation officer similar to the presentence report provided for in section 16-11-102, C.R.S. The report shall be filed with the court within seventy-seven days after the commencement of proceedings, and this time may […]
After reviewing the reports of the psychiatrists and the probation officer, the court may terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law. Source: L. 2002: Entire article added with relocations, p. 1432, § 2, effective October 1. Editor’s note: This section is similar to former § 16-13-209 as […]
The court shall set a hearing date at least fourteen days and no more than twenty-eight days after service upon the defendant and his or her counsel of the reports required by sections 18-1.3-908 and 18-1.3-909. The court may, in its discretion, upon the motion of the defendant, continue the hearing an additional twenty-one days. […]
After the evidentiary hearing, the court shall, within seven days, make oral or written findings of fact and conclusions of law. If the court finds beyond a reasonable doubt that the defendant, if at large, constitutes a threat of bodily harm to members of the public, the court shall commit the defendant pursuant to section […]
The defendant may appeal an adverse finding made pursuant to section 18-1.3-912 in the same manner as is provided by law for other criminal appeals. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1. Editor’s note: This section is similar to former § 16-13-212 as it existed prior to […]
If the proceedings under this part 9 are terminated by the court, as provided in section 18-1.3-910 or 18-1.3-912 (3), the court shall deduct the time from the commencement of proceedings to the termination of proceedings from the minimum sentence of the defendant. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, […]
The costs of the maintenance of the prisoner during the pendency of proceedings under this part 9 and the costs of the psychiatric examinations and reports shall be paid by the state of Colorado. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1. Editor’s note: This section is similar […]
The diagnostic center, as defined in section 17-40-101 (1.5), C.R.S., shall be the receiving center for all persons committed pursuant to section 18-1.3-904. Source: L. 2002: Entire article added with relocations, p. 1434, § 2, effective October 1. Editor’s note: This section is similar to former § 16-13-215 as it existed prior to 2002.
